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3/23/2009
House Has Unpermitted Repairs that are Causing Mold


> -----Original Message-----

From: Benjamin

Sent: Monday, November 03, 2008 10:15 PM

To: Evin Dugas

Subject: Contact Form From The Web Site

Name:                Benjamin

Address:            33xx xxxx St. Haltom City, TX 76117

Phone:               817-xxx-xxxx

Email:                 xxxxxxx@gmail.com

Search Terms:  Real Estate Fraud

 Problems:          I bought a house a little over 4 months ago. For the last 2 months I have been dealing with a plumbing problem that I initially thought was just a clog. After further investigation it appears the seller did work to the plumbing incorrectly on his own without a permit. The venting system is not installed properly and is causing a sewage back up into the house. I have since had to relocate my family due to health hazards involved. The vent that is supposed to be connected to the plumbing appears to be disconnected and causing a mold problem on the interior of the walls. An addition to the house was also done without permit (still investigating the permit thing) and the porch structure failed causing me to fall and injure myself. The seller did not include any information about plumbing problems, the dangerous addition to the house, or the mold problem inside the walls. Nothing was said about a water damage claim that he had taken from State Farm. None of the above was noted in the sellers disclosure form. I am looking for information on how to pursue this to the maximum penalty on the seller, his Century 21 agent, and the inspector involved. I would like them just to take the house back if at all possible. I would appreciate any help you would be able to offer. Very good informative site you have here. Keep up the good work. Thank you. -Ben

 

Dear Ben: 

 

Thank you for contacting me.  Your story is sadly familiar but as always, very shameful.  I have attached a list of documents that I like to see in a situation like this to advise you of your options and rights.  Once I see the documents confirm your story, I can confirm what your rights are and will be.  In the meantime, assuming your story will be substantiated, then your seller and possibly your sellers' realtor will have committed Fraud in a Real Estate Transaction, Chapter 27 of the Texas Business & Commerce Code as well as violations of the Texas Deceptive Trade Practices Act.  The next question will be what damage you have suffered and therefore, you will need estimates of costs of repair for the defects as well as the costs of anything you have already repaired.   

As for returning the house and getting your money back, that option is legally available and can be demanded, but from a practical sense, if it does happen, it usually takes a long time.  Not to say you can't pursue it, but don't get your hopes up that it can be achieved shortly. 

 If you want me to look into this further, send me what you have from the list attached and feel free to call or email.  You can email the documents or mail them. I look forward to helping you.





Previous Entry
Homeowner Wants to Know if Rotted Roof Trusses and A/C Non-Disclosure are Fraud

3/20/2009
HHomeowner Wants to Know if Rotted Roof Trusses and A/C Non-Disclosure are Fraud and the answer may be "YES" if the seller knew. Home Inspector liable in negligence and DTPA if he should have found or seen the problems.
   
Next Entry
Keeping the TRCC Alive - And Killing Homeowner's Hopes of Quality Building

5/14/2009
The TRCC is being kept alive despite the Sunset Commission's recommendation to kill it. This is a multi-part blog on this issue and why the TRCC should in fact, D - I - E !!!!
All entries
6/17/2010 - Homebuilders Hate Juries
3/1/2010 - Real Estate Fraud in Texas
2/17/2010 - Make Your Realtor Get the Answer in Writing
2/15/2010 - Ask for Previous Disclosures
2/12/2010 - Why Do Realtors Lie?
2/11/2010 - Septic System Disclosures
10/8/2009 - Why Realtors Like Home Inspectors
9/16/2009 - Termite Inspection is a Waste of Time
9/14/2009 - END CONSUMER ARBITRATION NOW! Reason No. 1
9/12/2009 - Judge Randy Wilson Protects World's Largest Relocation Company
9/11/2009 - Texas Real Estate Commission is There to Help Realtors, Not Consumers
5/14/2009 - Keeping the TRCC Alive - And Killing Homeowner's Hopes of Quality Building
3/23/2009 - House Has Unpermitted Repairs that are Causing Mold
3/20/2009 - Homeowner Wants to Know if Rotted Roof Trusses and A/C Non-Disclosure are Fraud
3/3/2009 - So Your Client Wants a Bigger House...
2/25/2009 - Disclose Everything!
2/23/2009 - What If I Can't Attend the Inspections?
2/21/2009 - JUDGE RANDY WILSON KNOWS BETTER THAN JURY
2/18/2009 - How Long Can the TRCC Take?
2/17/2009 - All Used Home Sales in Texas are "AS IS"
1/28/2009 - CARTUS FINANCIAL COMMITS FRAUD ON HOMEOWNERS
1/16/2009 - END CONSUMER ARBITRATION
1/16/2009 - END CONSUMER ARBITRATION II
12/12/2008 - KB HOMES DESTROYED EVIDENCE OF MOLD
10/25/2008 - Do Builder Repairs Have to Be Disclosed?
10/23/2008 - Disclose Everything!
10/3/2008 - What is a Mediation?
10/1/2008 - How To Get an Honest Appraisal
9/25/2008 - Mortgage Fraud
4/16/2008 - What To Expect in a Deposition
2/27/2008 - Subdivision Drainage
2/20/2008 - Why Termite Inspectors Can't Find Termites
1/23/2008 - Why a Home Inspection is Not What You Think it Is
1/17/2008 - Trusting Your Home Inspector
1/16/2008 - Home Inpectors Respond to My Criticism
1/16/2008 - How To Pick a Home Inspector
1/4/2008 - Beware of Home Inspectors
12/26/2007 - Intermediary Agent Scam
12/19/2007 - What is an Intermediary Agent?
12/12/2007 - Ask Your Neighbor
12/5/2007 - IF A DEFECT WAS REPAIRED, DO YOU HAVE TO DISCLOSE IT?
11/28/2007 - Does Seller Have To Disclose Old Defects & Conditions?
11/21/2007 - When Real Estate Disclosures NOT Required
10/29/2007 - The TRCC aka "The Builders Defense Program"
10/22/2007 - The Texas Residential Construction Commission
9/26/2007 - House Foundation Settlement
9/19/2007 - Homeowners for Better Building (HOBB) is another national organization to assist you when you have a new home construction defect.
9/18/2007 - Builder Fails to Attend SIRP Inspection
9/13/2007 - Homeowners Against Deficient Dwellings (HADD) is a Resource When your New Home Has a Construction Defect
9/2/2007 - Water damage and termites in our homes.
8/22/2007 - Construction Defects and Water Damage
8/19/2007 - The Importance of Keeping Good Records When Things Don't Go Right
8/16/2007 - Construction Defects and the Mortgage Subprime Market Hurts All of Us
8/15/2007 - Being a Witness in a Construction Defects Case
8/13/2007 - BAD BUILDERS IN WASHINGTON STATE
8/13/2007 - Free Speech
7/19/2007 - Texas Residential Construction Commission Is Bad for Texans
7/3/2007 - Lennar Homes is the Biggest Not Because They are Good
6/5/2007 - Is ReMax Really Behind Your Agent?
Evin G. Dugas - Attorney at Law 512.261.0044 Evin@housedefects.com
2303 RR 620 South,   Suite 135 PMB 361,   Austin, Texas 78734
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