> -----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.