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RE: stone wall

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"The home owner that you mentioned in your post may have had another
recourse...if the seller did not disclose the information about the lack of
permit, the seller could be found to be resposible for replacing the
addition, etc."

The tough part about many state's disclosure laws, as a friend of mine
recently found out, is that it is fairly difficult to prove that someone
knew something to be able to disclose it.  In my friend's case, the previous
owner had been sent a letter about a material defect several years before
the sale, as had everyone else in their subdivision.  But...

1) How do you prove a letter was sent?  Unless the contractor kept a record
over several years, there is no proof a letter was even sent.  

2) If you prove it was sent, how do you prove the owner received the letter?
Maybe they were accidently left off the list, or maybe theirs was lost in
the mail.  

3) If you could prove they got it (you can't) can you prove they read it and
understood it?  Maybe they lost it.  Maybe they thought it was a form letter
and didn't apply to them.  

I'm sure much depends on how your state's disclosure laws are written, but
in many cases it can be very difficult to prove that someone knew something.
It might be worth checking with a lawyer, to see.  

Paul Crocker, PE, SE

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