Dear George: "We bought a home through a local real estate agency. We discovered several major problems shortly after we moved in. Our inspection report did not call out any of them. The neighbors informed us that the firm we used to purchase our home had the listing on that same home for a year. The seller's real estate firm had just acquired the listing three days before we bought. We asked our real estate firm for the seller's disclosure notice. They supplied it. A comparison of the two disclosures showed many differences.

Did our firm have a duty to disclose the previous seller disclosure to us before we submitted our offer? Our repairs are going to run into the tens of thousands of dollars!" -- Duped

Dear Duped: Where state law requires a seller disclosure notice, it usually falls within the "public information" category. If that is the case in your state, your real estate agent might have had a duty to disclose it to you before you made your offer. For specifics, please contact a local attorney.

Dear George: "I listed my property for lease with a real estate agent. My agent located the tenant. The agent also filled in the lease agreement. Now the tenant wants to terminate 5 months before the lease ends. My agent claims the lease does not allow this. Who am I to believe?" -- Distraught Landlord

Dear Distraught Landlord: Believe your own eyes. Read the lease agreement from beginning to end. If you do not understand the terms of your lease agreement, you should consult an attorney. I am familiar with the lease contract typically used in your part of the country. Your agent is correct as far as the "typical" printed form goes. However, I don't know if the printed form was modified giving your tenant the right to terminate prior to your signing it. It may also have been changed after its original execution then signed by both parties.

Dear George: "My wife and I read your answer to "Sweat Equity OK." There is another program available to "Sweat Equity OK" in addition to the information you provided. It is The Genesis Program. It provides up to $22,500 down payment assistance in the form of a gift. My wife and I will be using this program when we buy our new home in early 2002." -- Good Samaritan

Dear Good Samaritan: Thanks for that reminder. Information about this program can be obtained online, or, call them at (512) 231-0270. The Genesis Program is a national down payment assistance program.

Dear George: "My financing fell through two weeks before closing. The sellers will not sign the release form. What should I do? Will I eventually receive my deposit after a certain period of time? Will the sellers be able to take legal action against me after they sign the release form? My real estate agency is holding the earnest money in an escrow account." -- Unreleased

Dear Unreleased: Read the terms of your contract. Real estate agents use contract forms specific to the laws in their state. One needs to know why the transaction did not close and what the sale agreement says. If proper grounds exist, demand your money back. If necessary, obtain help from an attorney.

Dear George: "I am a renter. I have rented the same residence for more than eighteen years. I have made all required repairs to my home from the day I first moved in. Do I have any ownership rights as far as my house is concerned?" -- Tenant

Dear Tenant: By "ownership rights" I'm assuming you mean "ownership interest" or "equity" in the rental property. Unless your lease agreement says otherwise, you do not have an ownership interest in the property.

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George Stephens welcomes your questions by e-mail. Because of the volume of mail received, questions cannot be answered individually. Mr. Stephens is not a lawyer and this column does not contain legal advice. If you wish to obtain legal advice, please consult with an attorney or legal clinic.

Published: January 18, 2002

Use of this article without permission is a violation of federal copyright laws.

George C. Stephens, CRB is the Broker of deRaat Stephens, Inc. dba ERA Stephens Properties and the Director of Compliance for eRealty, Inc. Stephens served as 1998 Chairman of the 13,000+ member Houston Association of REALTORS® and is the Vice Chairman of HAR’s wholly owned subsidiary, e-Har, Inc. He is the 2001 Secretary/Treasurer of the 50,000+ member Texas Association of REALTORS® and TAR’s 2002 Chairman-Elect. Stephens holds a Texas Real Estate Broker license as well as a Texas Mortgage Broker License.