Buyer Beware in Virginia
Nov 26 2007The House Detective by Barry Stone, Certified Home Inspector
Dear Barry: You often stress the importance of defect disclosure for sellers. But here in the commonwealth of Virginia, sellers do not have to disclose. They can simply disclaim or disclose defects in their homes, as they choose. Most sellers sign disclaimers stating that they are selling their house “as is” without having to divulge anything they know to be defective. It’s “buyer beware” in this state, and only the foolish buyers forego home inspections! Diana
Dear Diana: Thanks for calling attention to this legal circumstance in your state. Something should be done in Virginia to rectify an inexcusably out-of-date position with regard to real estate disclosure. Setting aside the opposing legal arguments, it is a matter of common decency and honest ethical behavior to inform a buyer of defects before selling a costly commodity. This is particularly true with a home because of the financial hardship that can result from undisclosed defects. Those who support limited disclosure could use some basic instruction in the differences between right and wrong. Until then, the absence of seller disclosure increases the need for qualified home inspectors in Virginia.
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Ask The House Detective
Hi Barry: We bought a home in VA and are military. The property we bought was listed as 2300 sq. feet, 4 bedrooms with lake view. To make a long story short, we wrote a contract and went back to the State we lived in at the time until closing. I happened to pull the tax records for the listing just to check the data for accuracy. Well, the sq. footage was off by 5oo sq. ft., the bedrooms listed were three and the lake was a retention pond. We also found out that the 4th bedroom was an adition that was not permitted or inspected by the city. After calling our agent he recommended we consult with an attorney (We wanted out of the contract). All attorneys had a conflict with the listing agency so we had to hire a criminal attorney. He couldn’t do anything and so we HAD to close to avoid the sellers from taking us to court. we finally closed, hired an appraiser to measure the house and still only have 2000 sq. feet. What can we do to recover our losses from the 300 sq. feet? We have orders and the market does not support what we owe on the house. We have been in the house a little over two years. HELP!
Hello Doug,
I’m very sorry to know that you closed on the property. Once you learned that the listing details were false, you had every right to cancel the sale. The sellers could not have gotten your deposit without taking legal actions, and that would have prevented them from marketing the property to other people. In my opinion, the listing agent is guilty of representation and should be reported to the state agency that licenses real estate professionals. The sellers are guilty of violating disclosure requirements. But you were in a better position to press that point before you closed the deal. I’m surprised that the attorney you hired did not advise against closing. At this point, you need some advice from a competent real estate attorney.