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Emma Amiad answers questions from customers and island residents on a weekly basis. Check online or in the Vashon Beachcomber to catch Emma's latest answers. Also feel free to contact Emma directly via email to ask her a question of your own.

Wednesday, January 26, 2005

Q. We’re in the middle of buying a house and have a real problem.

We had an inspection done and there were a few little things the house needed. The seller agreed to fix them so we are at the point where we have to accept the place and buy it. The house is on a bluff and the seller said that there has never been any trouble with landslides. We ran into a fellow who lives next door to this house at a party. When he found out that we were the people buying it he told us that a few years ago there was a big slide and the yard used to be double the size it is now! We really want the house but now we don’t know what to do. Is the seller lying? Should we get and attorney? We are buying direct from the owner so we have no agent to help us.

A. I don’t have to remind you that having an agent representing you might have been a big help here. However, at this point I’d recommend that you tell the seller that you heard about the slide. It’s possible that it happened before he owned it and re really doesn’t know about it. That’s unlikely, but it does happen. It’s also true, I’m afraid, that the neighbor might not be telling the whole truth so you need to check this out. Next, extend the inspection contingency, which you have a right to do if further evaluation is warranted, and hire a good geotechnical engineer to assess the slope. That will help decide if the risks are worth it.

If the owner knew about the slide and didn’t disclose it, he could be guilty of fraud and you would probably have good cause to get out of the sale or possibly other remedies. See a real estate attorney to learn your rights. Slides are common in the Puget Sound and you have to assume that if you’re buying waterfront or property on a slope, a slide has happened or might happen.

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