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URL:  http://boards.fool.com/whose-realtor-did-not-disclose-important-details-30623010.aspx

Subject:  Re: Landfill < 1 mile away? Date:  4/5/2013  8:11 AM
Author:  2gifts Number:  125056 of 127815

whose realtor did not disclose important details.

What did your lawyer say?

We once put an offer in on a house, and when we got the actual paperwork for it, it was noted that it was in a flood plain. We no longer wished to purchase it, and so I called our real estate attorney and asked what to do. She said that since they did not disclose important details, we should withdraw the offer and request our deposit back based on their failure to disclose that about the property, which was considered a property defect. It was years ago, and I don't remember the exact wording she gave me, but that's what I put in the letter, and we promptly got our deposit back.

I would be talking to my attorney in your case to ensure that I did get my money back. And I might just spend the couple hundred dollars on the inspection, and find fault there if that was the most expedient, but again, I'd be asking my real estate attorney (note that this is a question for your attorney and not your realtor) about the right way to get my money back.

But I sure wouldn't be waiting for it to go to court while they get to hold your money.
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