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Seller did not disclose encroachment

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It was not disclosed to me during the sale 4 years ago, and I only found out because I talked to some surveyors from the city who've been snooping around back there intermittently this month, and I did manage to speak with my neighbor who acknowledged the problem yesterday - though he played dumb about it. Put simply, an encroachment is when another person puts up a structure that intrudes on (or over) your land. This issue might come up if, for example, one of your neighbors were to build a shed that is partially on your property, or expands his house so that a porch ends up on your property. You might decide that your neighbor's encroachment. If the seller does not disclose, the purchaser has a right to just compensation for remedying the defect (s). In some cases, the buyer can request that the purchase be rescinded. Who is liable? When aseller fails to disclose a material, latent defect, that seller is liable for any costs the purchaser has to pay to remedy the situation.

The seller was not named in the lawsuit but if he had known of the encroachment, he could have been held liable for his failure to disclose. An encroachment is an improvement on real estate, such as a building, fence, driveway or tree that extends onto real estate belonging to another without their consent. Most encroachments are easily.

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INSPECTION BY AN ORDINARY PRUDENT BUYER. This disclosure form is designed to assist Seller in complying with these disclosure requirements. Please thoroughly disclose your actual knowledge regarding the condition of the Property. The Company, other real estate agents, and buyers will rely on this disclosure form. •Complete the remainder of.

Keep in mind it is better as a seller to resolve the neighbor's issue prior to the sale than during the sale. Then there are no concerns to deal with. Clearly if the seller cannot resolve it, then it is a disclosure issue even if the encroachment is considered "minor" it could become a major problem for both the seller as well as the listing agent.

· The seller knew of the defects and did not disclose them to the purchaser; · The purchaser can also cancel the contract on the basis of a fraudulent or innocent material misrepresentation, even if the sale is voetstoots (but only if the latent defect is so serious that if the purchaser had known of it he would not have bought).

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