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Who Is Responsible??
#71
Carrie,

I've used Peter Kubota for all my real estate law issues and he is very good, well known and thorough...i recommend him, but he is pretty high up there on his hourly rate....you might want to initially consult with him with your basic facts and see if its worth pursuing expense wise from his initial observations of your case.

best to you both....

noel
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#72
Kathy...they filled out that form as though there was never anything happening with the property involving slippage, sinking, etc. It was in perfect condition according to all paperwork.

Noel...thanks so much. We're trudging toward a consultation hopefully soon. Waiting for one or two other responses and mana from heaven (er, pennies!).[Big Grin]

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
Carrie Rojo

"Even the smallest person can change the course of the future..." Galadriel LOTR
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#73
I think the problem is that the disclosure is completed by the seller and not the builder. So if the builder skirted the law, but the owner didn't know, they couldn't disclose because the owner didn't know. No excuse, I agree, but honest at least.

John Dirgo, R, BIC, EcoBroker, ABR, e-PRO
Aloha Coast Realty, LLC
808-987-9243 cell
http://www.alohacoastrealty.com
John Dirgo, R, PB, EcoBroker, ABR, e-PRO
Aloha Coast Realty, LLC
808-987-9243 cell
http://www.alohacoastrealty.com
http://www.bigislandvacationrentals.com
http://www.maui-vacation-rentals.com
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#74
quote:
Originally posted by jdirgo

I think the problem is that the disclosure is completed by the seller and not the builder. So if the builder skirted the law, but the owner didn't know, they couldn't disclose because the owner didn't know. No excuse, I agree, but honest at least...


The previous owner knew something was going on as they refaced the foundation and painted it. But how much they knew or understood is not known.
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#75
What is refacing the foundation?

mella l

mella l
Art and Science
bytheSEA
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#76
There were cracks, they filled them in and painted so they aren't obvious.

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
Carrie Rojo

"Even the smallest person can change the course of the future..." Galadriel LOTR
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#77
WOW, thanks for the explanation. I had no idea what refacing the foundation was. Definitely fraud in my estimation.

mella l

mella l
Art and Science
bytheSEA
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#78
Might not be fraud, but definitely a coverup.
David

Ninole Resident
Ninole Resident
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#79
I imagine if it was ones home it would be fraud, and if it belonged to someone else, well then perhaps coverup, or not.

mella l

mella l
Art and Science
bytheSEA
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#80
The issue is did the owner know about it being caused by settling and not disclose the knowledge. That is a tough nut to crack.
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