As lawyers we see all sorts of problems that lead to lawsuits. As legal advisers about Iowa's seller disclosure statement we provide value by protecting sellers from creating a false impression with buyers. Here is an example of how a lawyer's experience with a home "defect" can ultimately save the homeowner from being sued.
Real Situation: I’m looking at the swimming pool and there a water heater that has never been used except for one two-week period when the pool was installed six years ago. It’s never been turned on since then and from looking at the metal case along the bottom it appears to me the hard water circulating through it has caused the pipes to rust through. It’s new, but it doesn't work like it is new. Can the seller assume a potential buyer will see this problem and realize what they are looking at? Remember the right buyer gets excited about buying your home. Excited people aren't really thinking all that clearly. Excitement works the creative side of the brain not the analytical side.
Real Situation: I’m looking at the swimming pool and there a water heater that has never been used except for one two-week period when the pool was installed six years ago. It’s never been turned on since then and from looking at the metal case along the bottom it appears to me the hard water circulating through it has caused the pipes to rust through. It’s new, but it doesn't work like it is new. Can the seller assume a potential buyer will see this problem and realize what they are looking at? Remember the right buyer gets excited about buying your home. Excited people aren't really thinking all that clearly. Excitement works the creative side of the brain not the analytical side.
So what about the pool heater? Well the seller isn't going to turn it on, but I’m going to guess it doesn't work. Some sellers will fool themselves into assuming it works. If it's there it must work. So, what should the sellers do? Should sellers repair,
replace or remove?
You be the judge.
What is your answer?
My Answer: Hire us and I’ll help you to protect
yourselves from being sued later by the buyers with buyer’s remorse.
HOW TO CONTACT US
This area of the law is a mine field – so don’t be the
one who steps on a landmine. Call us, contact the Lombardi Law Firm and ask for
either Steve Lombardi or Katrina Schaefer.
1300 – 37th Street, Suite 4
West Des Moines, Iowa 50266
Telephone: 515-222-1110
Fax: 515-222-0718
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