Disclosure

Question: What rights does a home buyer have if a disclosure statement was not provided at closing? We bought a house that was for sale by owner and we came without a real estate agent. Since buying the house we have had several major repairs ( that repairmen indicated were a result of ongoing problems). We live in Indiana and I have since found out that disclosure statements are required by law. Can I request that the seller pay for repairs since they didn't provide a disclosure statement?

Answer: You need a Real Estate attorney. In some states, failure to provide such a disclosure entitles a buyer to a specific remedy, such as $300 at closing; even that may be unenforceable after the closing is completed. It doesn't necessarily mean the Seller retains liability for defects. I don't know what Indiana does, you need to check with an Indiana attorney. However, the "problems" may be the responsibility of the former owner regardless of the Disclosure issue. If you are to make out a claim against them, you'll probably need to prove four things (each state can vary, so see a local attorney): 1. they KNEW about the problems 2. they did not tell you 3. there would be no way for you to know otherwise 4. that they are "material" defects. (What is a "material" defect certainly varies by states. In some, the fact that someone died in the house is "material", in others it is not.)

Question: What is the advantage and disadvantage of buying a disclosure house? I live in Dallas, TX. Will you recommend buying a disclosure house? What is the advantage and disadvantage of buying a disclosure house? Please help. I’ll pick the best answer later. Sorry, I mean foreclosure home!!

Answer: A foreclosure home can be a good deal but can also be uncared for because if the owner couldn't pay the mortgage he may not have kept the home up correctly. Foreclosure offerings can sometimes take up to 4 weeks for response. Many banks are laying off people and the foreclosures keep coming in. In the meantime that property stays as active as you stress over whether you have a new home or not. After 4 weeks you may have a sad ending. Pick an agent experienced with foreclosures.

Question: Is a lease/option legal without a disclosure statement on the home you are buying? I did not get a disclosure statement... It was Ohio and I did not get any disclosure, now the whole back yard floods and there are other defects in the house that were not visible.

Answer: Much depends on how you entered into this agreement, whether there was a real estate agent involved, AND your state law regarding disclosure. In some states, disclosures are only required if a professional real estate broker is involved. In others, disclosures are required of all sellers. The law is further muddied because you entered into a lease with an OPTION to purchase. For further guidance, consult a real estate attorney in your area.

Question: What exactly is a non-disclosure is terms of business deals and transactions? I was told that I am going to need a company(ies) I am speaking to about setting up a website to sign a non-disclosure. Information about unpatented business ideas will be shared and my impression of the disclosure is that it gives me protection without the need of a patent. Is that what a non-disclosure is? And how does it work? What else does a non-disclosure protect me from in this case?

Answer: A non-disclosure agreement states that the parties specified in the document agree not to "disclose" (or tell anybody about) the subject of the agreement. Without a non-disclosure agreement, others that you share your ideas with could steal them and claim them as their own, or simply blab to your competitors about your plans.

Question: What is the difference between basic and enhanced disclosure for a CRB check? I have applied for the job and now have gotton to the final steps where they are going to carry a CRB check. It’s for BT Apprenticeship Program. I do not know if they are going to carry out a basic or enhanced disclosure. I do have pending investigations against me which I have not been charged for but due on bail on the 28th August. Would that show on a basic disclosure? Any other information would be very grateful. Thanks 

Answer: i know. a CRB check will just check if you have ever been CONVICTED or CAUTIONED for a crime An enhanced CRB is usually used for places like teachers etc.. and lists extra details like list 99(child protection register), and section 142(vulnerable adults list) it also list information from local police forces that may be relevant to a post last year a friend was investigated for assault but No charges were made against him. he did not have any prior conviction, caution or anything . but the police still listed in detail listed the nature of the assault accusation. but this job was for a school teacher. but for a normal job is usually used where a standard CRB will not reveal any ongoing police investigation unless its enhanced CRB all the best with it!

Question: What exactly will show up on a disclosure scotland check ? How long until it doesn't appear ? I have been not had a criminal conviction ie a clean record since november 2004. Will convictions before this show up on a disclosure scotland check done by an employer ? Offences were all petty theft ie shoplifting and 1 fraud (a stolen credit card) which took place during a extremely difficult time in my life. I have NOT reoffended since this time which is now over 5 years!

Answer: Hello from Glasgow - every crime you have committed will be on your disclosure for the rest of your life but anything over 7 years is ignored because your time has been spent, unless its something big like murder. Hubby needed one for his security licence and had theft on it from 25 years ago when he was a silly teenager but as it was more than 7 years ago and time spent it was ok. Even a speeding ticket goes on your record.

Question: What are the SEC rules around public disclosure of material business contracts? What are the SEC rules around public disclosure of material business contracts? Must companies file a summary of contracts and/or the actual contracts? What is the name of the filing?

Answer: The word is "about", not "around". It know it's the current popular buzzword, but it's still wrong. YA is a lousy place to get answers for important legal questions. http://www.altavista.com/web/results?ita…

Question: Seller is two days late on providing disclosure. Can I back out and get my earnest money back? I already have some reserves, such as some cracks in the ceiling, and now the seller has passed the deadline for providing disclosure. This deadline was included in the contract. I'm ready to just back out, but will I lose my earnest money deposit? I'm using a VA loan which doesn't require a down payment. The real estate agent requested/suggested that we include a 700 dollar earnest money deposit when wrote the offer on the house.

Answer: Yes , you can pull out. A deadline is in the contract for a reason and should not be ignored for any reason. You will not lose your deposit. The seller breached the contract.

Question: How long do I have to wait to file a motion for non disclosure on this felony? I've been on deferred probation for 3 years, successfully completed my probation for possession of a controlled substance in Texas. I know I can expunge my record in 5 years, but what about a motion for non disclosure? How long do I have to wait to file that? Lawyers or law professionals' answers are preferred!

Answer: You can not get an expunction in Texas if you served a period of community supervision. At some time in the future the law may change, but as it stands now you must file for a non disclosure. You must wait until the probation is completed, and some counties require that you wait until the statute of limitations has expired. If you are still on probation you must wait until it is over. Expunction is reserved for a person who was wrongfully arrested, meaning they did not plead guilty, they did not have probation. they must have been either acquitted by trial, or convicted and subsequently pardoned, or no indictment or information charging a felony presented. Read Article 55.02 of the Texas Code of Criminal Procedure. If you were placed on probation under a deferred adjudication and you complete that probation, you will still not be entitled to have the arrest expunged because the charge was not dismissed because of mistake, false information, or other similar reason indicating absence of probable cause at the time of the dismissal to believe the person committed the offense or because it was void.

Question: When producing disclosure to prosecutor, are police supposed to include videos of their interviews? Should interviews with witnesses be included or are statements sufficient to fulfill their disclosure obligations?

Answer: Disclosure laws indicate that the prosecutors turn over all evidence to the defense, if asked. A video or audio tape can be transcribed and given to the defense. If the defense wants to review the actual tape, then a copy can be made and sent, but they need to ask.

Question: Can I register a car without an odometer disclosure? Hi guys, Just bought a car, and I have everything ready to register it, except that previous owner did not complete the odometer disclosure, she did however sign off on the title. Can i register it like this in AZ?

Answer: In Manitoba, we can accept the declaration of the buyer, and fill it in, or, if the car is at the office, somebody can actually look at it. Sellers' declarations of mileage are standard on bills of sale from dealers, but many private sellers forget to put it on the ownership document or the bill of sale.

Question: What do you do if someone has not been disclosure checked and is working with children? I know of a club in Scotland where most of the people working with the kids have not been disclosure checked. Who do I report this to?

Answer: the local council or the police

Question: When will they send me disclosure in canada on my driving charge? I had been charged with careless here in ontario when I slid on black ice at night into another three car pile up that was blocking the road. I received trial date of april 7 & applied for disclosure to see the police notes etc. Do they mail this to me before the trial date? I need it to properly defend myself.

Answer: Disclosure from Police Departments is usually done from the department to the Crown Attorney who will then review it to ensure that it can all be disclosed and then forward it on to the Defense. I would assume that even though this is an HTA charge the provisions of Stinchcombe should still hold. Either way, the process would still be followed although there should be no need for the Crown to vet any of the documents. It's normally only done (the vetting) for major cases to ensure that there are no names of minors or any info that is exempt from disclosure. It's the Crown's evidence to disclose, not the police departments. What I'm getting at is that the Crown should just receive it and pass it on to you. If you don't get it before the trial date then bring that up along with the proof that you asked for it and you may be able to get the case tossed.

Question: What is Oregon's law on disclosure of a conviction to an employer? What is Oregon's laws regarding disclosure of a conviction to an employer?

Answer: if they ask you should disclose, if they do a background check it will show up, your conviction is a matter of public record it is not private

Question: what exactly to look for in natural hazard disclosure documents, especially in CA? I found this link which explains the law. http://www.ceres.ca.gov/planning/nhd/showtell.html It is a bit difficult to read and fully understand the law and the documents given by the seller/agent in less time. In other words what is considered a serious disclosure and what is not.

Answer: The link which you provided says that the seller of a property is required by law to disclose all the potential natural hazards pertaining to the particular property.

Question: How long does it take for a non-disclosure to take effect? I recently was granted a non-disclosure in texas for a misdemeanor (jan. 19, 2008), how long would it take before it completley clears up off my record? Also, I applied for a job and they told me that when they search through counties, its clear. But when searched through a statewide search, it still shows.

Answer: It goes into effect within 24 hours.~ Non-Disclosure: If you have successfully completed Deferred Adjudication for a misdemeanor or felony, you may be eligible for an Order of Non-Disclosure which is a document that the judge signs, ordering DPS and in turn all public agencies to no longer release information about the deferred adjudication punishment you completed, the original arrest, or your day in court.~

Question: What do I need to provide with my Disclosure application? I'm applying for disclosure (with Disclosure Scotland) and it's enhanced disclosure. What would I need to provide with that?

Answer: Photo Id (driving licence) and proof of address like a bank statement top or the gass bill. You'll also need the number off your birth cert or passport. The disclosures are running at a delay of 3 weeks at the minute so you should be in business by the summer hols! Also, this lot doesn't go in the envelope, you just need to show it to the person who completes the "Employer" section. Good luck!

Question: How do I get in touch with a Microsoft representative about a signing a non-disclosure agreement? I have an idea that is marketable worldwide using microsoft technology. How do I get a non-disclosure agreement, and how do I contact someone who will help me.

Answer: Won't happen. I get this all the time from students and folks I consult for. They would actually make you sign an NDA so if they are developing that idea you can't sue them. No company needs ideas from the outside, plain and simple. Every employee has a dozen ideas of a product, service, or method that could improve the company. Want to see your idea fly? A) start your own company and do it yourself. B) work for the company you are targeting and speak to management. C) become successful in the field, start consulting. No lack of great ideas in the world, only lack of people with the gumption to make it happen. Sorry to be a pill about it, but really, I know many managers at MS who would love to have their ideas even listened to, and this is true of any major corp out there. I'm not saying your idea isn't good or marketable, just that there's no reason to turn to the general public for any concept, especially since the legal hassle alone makes it not even worth thinking about.

Question: what is the full disclosure law in Texas regarding houses? We bought a house 3 years ago. When we get heavy rain, water comes in where the wall meets the foundation. Is this something that would be covered by the full disclosure laws of Texas?

Answer: No. It is entirely possible that the former owners never had rain of sufficient downfall to cause the issue, or that they did not notice same. In any event, it's been three years now. Your chances of any reasonable complaint at this stage are extremely low.

Question: Renewing Criminal Records Bureau Enhanced Disclosure who or what is the cheapest / best way to get it done? I have CRB enhanced disclosure for DJ'ing with children at parties etc. but it's over 1 year old. Who or what is the cheapest / best way to get it renewed as it was originally done through the local authority arts education team - thank you !

Answer: Renewing through the people who gave it to you to begin with would seem the logical place to start. They wouldn't have as much background material to cover.