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+--- Thread: Who Is Responsible?? (/showthread.php?tid=6269)
RE: Who Is Responsible?? - John S. Rabi - 10-09-2009
quote:While the web is great for research, using a disclosure form as such indicated above would be a really bad idea. Rela estate companies are required to use State Association approved forms, and it's also condition of their E&O insurance policy. Seller's Disclosures is required by Hawaii Statue for all residential properties and there is a HAR approved and mandated disclosure form to use.
Originally posted by Carey
...an idea of a fairly conclusive disclosure is here:
http://www.docstoc.com/docs/12344499/Free-Real-Estate-Forms---Disclosure-Form
Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
808.327.3185
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
RE: Who Is Responsible?? - Carey - 10-09-2009
John, what does the Hawaii disclosure form cover? this is for the newer buyers & potential buyers... esp. does it cover landfill issues (I know that many states REQUIRE the notification of any landfill/waste disposal issues on a property, but have to doubt that Hawaii does, based on the many dump/landfill/car graveyards that were uncovered by fellow Punawebbers when we moved here..
I do not remember having any defects disclosed by our seller, thought evidence in the house showed that there was significant long term knowledge of some of the issues (again, our seller moved out of the US at closing, so for us it was a mote point... there is no easy way to deal with our stuff & it is not a collapsing issue like Carries)
RE: Who Is Responsible?? - John S. Rabi - 10-09-2009
quote:It's four long pages and it's very detailed. Hawaii is very buyer friendly in regards to disclosure requirements.
Originally posted by Carey
John, what does the Hawaii disclosure form cover?
Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
808.327.3185
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
RE: Who Is Responsible?? - Carey - 10-09-2009
The Hawaii Assn of Realtors proposed July 05 revised disclosure is here, this does cover fill lands:
http://www.hawaiirealtors.com/download/Real.Property.Disclosure_July05.pdf
If a licensed Realtor had seen yellow caution tape, what is the duty of discovery and disclosure for them? Is there a potential for redress in the Licensed Realtor Fund (limit $10k+ court fees)
RE: Who Is Responsible?? - John S. Rabi - 10-09-2009
The latest version of the Sellers Disclosure Statement is 06/2009. It is being changed and new things added on almost every year. Only DCCA can answer your question about the recovery fund. As you might have noticed, I didn't jump much into this thread as to in regards what to do, since I have not seen their contract. However, it sure seems like a smoking gun and I sure would talk to an attorney if I were Carrie. (BTW, attorneys do not take these kind of cases on a contingency basis, they only take liability cases on a contingency.)
There is a much bigger issue here too. They already contacted their insurance company and guess what! The insurance company most likely will not renew their insurance until the repairs are done! (Don't believe me? Check the "Chinese Dry Wall" cases in Florida.)
Aloha,
John S. Rabi, GM,PB,ABR,CRB,CM,FHS
808.327.3185
http://www.JohnRabi.com
Typically Tropical Properties
"The Next Level of Service!"
RE: Who Is Responsible?? - Chuysmom - 10-09-2009
Thanks John for that info. We have already been in contact with the insurance company...they have ruled out any coverage for this issue because of the reasons I stated earlier.
We do pay our insurance through the Mortgage, so haven't heard anything about them canceling us...I mean - it's all good for them, right?! They don't have to pay for this and we keep paying them anyway...nice.
Carrie Rojo
http://www.carrierojo.etsy.com
"The world is changed. I feel it in the water. I feel it in the earth. I smell it in the air. Much that once was is lost, for none now live who remember it." Galadriel - LOTR
RE: Who Is Responsible?? - Bullwinkle - 10-10-2009
and one last item on the homeowners...
If there was a course of construction rider on the policy when the house was built. That coverage extends to contractors errors
RE: Who Is Responsible?? - EightFingers - 10-10-2009
Be careful about asking your insurance company "if something or other" is covered. This may constitute a claim against your insurance and you could be dinged in your rates. That, even if you never get a penny from your inquiry.
As to the "buyer friendly" dislosure forms? Yes, I got one but most of the questions were answered "NTMK" which means Not To My Knowledge". What defense do I have against that unless I go check stuff out for myself?
This has been a very unfortunate, but interesting thread and I'm following it closely.
RE: Who Is Responsible?? - Chuysmom - 10-10-2009
Mella - there is of course a mortgage, but the mortgage - after talking to the bank they say that the house would of course be worth less now, and that they would be happy to extend a loan at a good rate of course for repairs!! LMAO...nice.
As far as inspections go, how could the pre-sale inspectors see beneath the slab? There's no way they could know, and they were not interested in the surrounding land.
Carrie Rojo
http://www.carrierojo.etsy.com
"The world is changed. I feel it in the water. I feel it in the earth. I smell it in the air. Much that once was is lost, for none now live who remember it." Galadriel - LOTR
RE: Who Is Responsible?? - AlohaSteven - 10-10-2009
As far as inspections go, how could the pre-sale inspectors see beneath the slab?
Unless my memory is mistaken, before the foundation on our house was poured the "pre-foundation pour prep" had to be inspected and signed off by an official inspector so our (excellent, thanks be to the Goddess) GC had the legal OK signed off to pour. Seems like the GC had to wait a couple days for the big event of the pour because of a combination of inspector not being available and then rainy weather, if I recall correctly.
Inspectors may not be able to see beneath the pad, per se, yet at an earlier stage in the iterations of inspections and green lights to proceed (long before you bought the place) was there not a County of Hawaii inspector looking at the ground on which the foundation was to be poured? Seems like at that juncture the inspector would have been involved. If the GC buried greenwaste under the foundation area and then later told the inspector all was well, knowing otherwise, then even if the inspector could not detect the lie it seems like the GC misrepresenting the situation to an inspector would be an issue.
In truth I do not know squat about any of this sort of thing, but the injustice of Chuysmom's experience moves me to offer the question. Surely do hope a way can be found to salvage the foundation/situation for you and your family, regardless of how the legal machinery does or does not grind along.
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Nirvana vs Rick Astley
http://www.youtube.com/watch?v=NN75im_us4k
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