Non-Disclosure

In March-April, 2006 I entered into a contract to purchase a home in Lakeway, Texas. The seller was using Coldwell Banker United Lakeway. We performed many inspection and the contract was ratified. We were now scheduled to close on July 12, 2006.

We closed on the property on our scheduled date. We were in no real rush to move in because we were in the process of selling our old house. On August 6, 2006 we had movers schedule to arrive at our old house for an August 8 move. I drove to the Lakeway house getting things ready for the schedule move. I arrive late on the August 6. I went into the house and used the restroom. At this point things started to go bad. I realized that there was no water. I went out and checked the pump house (house is on a well), nothing was working. I called the seller and asked if he had any problems and he informed me NO. He informed me to check the beakers (one on house and other on pump controls). I reset the circuit on the pump and it started and ran for 2 seconds and then blew the circuit again and again. The seller informed me that it was my house and my problem and hung up. During all of this time the seller keep informing us that he never had any problems with the pump, well, or water.

The next day I called a well/ pump company to come out and check the system. They arrived and perform some checks. They would have to come out and pull the pump. At the same time they informed me that it appears that someone had worked on the system in the last 30 days. I asked how he could tell and he showed me. So on the next day I started calling around to all well/pump companies that work in the area. Well after about 5 calls I got lucky, I found the company that came out and worked on the system on July 7, 2006, five (5) days prior to our closing.

When I talked to them I found out all of the problems with the system and that they informed the seller and broker of that was wrong with the system. They also produced a report that was ordered and paid for by the listing real estate agent. I asked for a copy of the report but they could not give it to me. The one thing that upset me the most was when they said they informed the seller and broker that the well was not producing any water - meaning it was dry. This is all in their deposition which I will post later on.

Now my problems have really started . I called my wife and informed her and to cancel the movers because we had no water. I am not sure why the seller or broker did not disclose this. I have talked to 5 or 6 Realtors and all informed me that they would have informed all parties involved, because without water you cannot live in the house. These Realtors also informed us that this was part of their duties and ethics but not all Realtors follow them.

Now it was time to file a law suit. Next post will describe the law suit.