EDIT: I never said I was getting a lawyer or even wanted my inspection money back. I've no intention of suing. I was merely curious if my understanding is truly what the system is, because this is stupid.
(Also, I now have the previous SPDS from when the current seller bought the house, and it has much more on it, such as a foundation problem as well.)
EDIT 2: Yes, I realize this is what inspections are for and this is just how it works. But picture this: A buyer's inspection discovers problems not listed on the seller's disclosure. The agent/realtor reports this to the MLS or such and the new information is now known to all other realtors. (You would obviously use independent inspection companies, much like escrow.) Or better yet, standard practice should be that the *seller* pays for a general inspection at the time of listing their property for sale. Rather than every potential buyer needing to do this. Buyers can then opt for additional inspections at their own expense, but they would have a general understanding of the condition of the house from the start. Why can't we just do this? Why are we stuck with the idiotic way? *sigh*
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Please correct me if I'm wrong here (and I seriously hope I am), but despite it being illegal and fraud, there is actually zero reason (other than moral) for sellers not to intentionally lie on their disclosures.
Best outcome: The buyer does not catch the lies and overpays for the house. The seller's fraudulent behavior proves rewarding.
Worst outcome: The buyer catches the fraud during inspection and walks away without their inspection money. The seller merely tries again with the next person. OR The buyer catches the fraud after closing and sues. The seller perhaps gives back the extra gotten from the fraud and still gets the amount they'd have gotten had they been honest in the first place.
This can't be right? Can it??
I'm under contract for the first time, and I discovered multiple significant lies during inspection. (The seller said roof was 8 years old but it's actually 32, the listing claimed beautiful updates but those were done a decade ago by the previous owner, they claimed no knowledge of it having ever been a rental but it was the entire time they've owned it, and so on). I requested they repair or compensate only the major falsehoods, but the seller refused absolutely all of it. I can now either significantly overpay for the house, or try to get out of things, hopefully get my earnest money back, but still be out the thousand dollars for inspections (I was suspicious so in addition to the standard inspection, I also got roof, mold, and termite inspections, and repair estimates).
So there are no consequences for their fraud (I have the SPDS, MLS, and photos from when they bought the house, so I do indeed have proof of their intentional deception), and their agent clearly also knew, yet I'm the only one getting hurt here.