Keep a written record of every conversation. The current board rubber stamps approve all new buyers. Since the heater should be working based on the contract that we have, most of the time it gets worked out.. When a Home Seller Is Held Responsible for Failure to Disclose Rodent Infestation to Prospective Purchaser If a home seller is going to be held responsible for failure to disclose a rodent infestation to a prospective buyer, the purchaser is going to need to demonstrate a number of salient points. Be Aware of These 15 Tenant Rights, 6 of the Top We Buy Houses for Cash Companies in Kissimmee, What to Do When You Cant Afford Home Repairs and Need Help, 18 House Hunting Tips From Real Estate Experts, 5 of the Top We Buy Houses for Cash Companies in Amarillo, Issues with the land (only in some states). If the property is infested when you move in, it's the landlord's responsibility to correct the problem. As the new owner, you may be wondering if youre stuck footing the bill for the repairs or if the seller is partially (or completely) responsible. In Massachusetts, sellers of property have certain duties. In some cases, buyers purchase a home that they believe is in good condition. Bedbugs can live up to 1 year without feeding. 12. They tend to range in size from 3/4 inches to 3 inches long. WEDNESDAY MAY 10TH . One such duty is to disclose certain defects of the property. Real estate disclosure laws generally say that a seller must disclose all " latent defects ," defined as material defects or improvements that someone can't easily detect and that could be harmful to someone's health and safety. the cockroach problem: if there is no active infestation, likely not BUT you need to read the sellers disclosure form very thoroughly. Seeing a cockroach in the home is a solid indicator of an infestation. To receive updates or be informed when we post a new article. For example, say a seller discloses there is some water damage to the house. Tenants by the Entirety: Am I Still Protected After Divorce. If all you've seen is one cockroach, there's a chance that one is all you're dealing with. During the walkthrough we didnt see any signs of roaches, probably because we were ther during the day. Just because you find a defect after you buy the house does not mean the seller knew about it. A couple is all it takes to multiply into dozens of roaches in just a few months. Love when brokers' PR teams are asked for objective data. Of course, the seller may not have been aware of some structural defects, but many times, they just dont want to disclose them. Better Business Bureau. Home Blog What You Need to Know About Disclosing Home Defects. It doesnt matter if the problems arise the day after you move in or a year after you move in; discovering that you bought a house with problems not disclosed can sour the joy of being a new homeowner. Effervescent is a mineral deposit left by moisture as it dries, and those minerals are pulled from the ground with the water through the foundation wall and deposited on the inside surface as the water dries. In addition, New Jersey courts have imposed on sellers an implied warranty of habitability. This is a pretty wide net. Bad or old ventilation or windows. Under a state law that was intended to apply only to landlords but interpreted to apply more broadly to co-ops,any bed . Now I know this happens with roaches and they are continuing to die and we have a follow up appointment scheduled. What may seem like a small neighborly dispute could actually become a major one when homes change hands, so its wise to disclose it upfront. Sorry. They can issue a letter of demand citing the defect and asking for reimbursement. But they might not specifically state anything about bed bugs. Generally, any individual selling their house to another individual has to provide a seller disclosure statement. But the treatment has brought to my attention the actual scale of this infestation and it is impossible that the sellers didnt know about it. If youre uncomfortable with the realtors ability to deal with the issue, then consult with a lawyer. If the home was built before 1978, each party in a transaction needs to sign a lead paint disclosure, says Pawlitzki. You can vacuum up the ones you see if you just can't stand them, but don't use any chemical controls. It is rather clear that there were mice in the house. Their criminal case ended recently, but there has not been any reporting of the defendant's sentences. Legal Disclaimer: The content appearing on our website is for general information purposes only. Cookie Notice We wouldnt have bought the house if we had known of the termite problem. Therefore, in order to have a claim against the seller under Johnson v. Davis for a defect, the buyer must prove that: (1) the seller knew of the defect, (2) the defect materially affects the value of the property, and (3) the defect was not readily observable. In that event, there might be an affirmative obligation of the seller to disclose such matters., While buyers need to be as savvy and informed as possible as they embark on the process of acquiring a co-op or condo, their sales agents have a vested interest in keeping them informed as well. Months later termites were discovered and we had to treat for them. If youre wondering, Can I sue the seller for not disclosing defects?, its important to understand that every defect is not necessarily a latent defect. As Ramsey points out, if a buyer closes title to a home and subsequently comes to believe that the seller failed to reveal a material fact, that buyer will likely sue not only the seller, but also the aforementioned agent. Roaches have an oval-shaped body and reddish-brown coloring. Seller Fails to Disclose Rodents ~ Buyer without Remedy By Brian Madigan LL.B. Problems with the home can come to light after the papers have been signed and the keys are handed over. As another example, a buyer has to prove the seller actually knew of the defect. What kinds of things are not considered latent defects? In her downtime, you'll find her searching for the next great hiking trail in her area. Meanwhile, no state lets landlords rent uninhabitable apartments. Legal Help for Buying, Selling and Conveying Real Estate - Seller Disclosure: The buyer of a mobile home, located in California, visited the home before purchase and had it Concealment of an Insect Infestation in a Home Sale This is why people often obtain a separate pest inspection. ), Homeowners association dues and assessments. Common home defects that sellers fail to disclose include: Bad sewer lines or rusted pipes. Likewise, if a seller tries to cover a problem area like painting over cracks in the foundation to hide them it could be used as evidence in a lawsuit. It might also disclose chronic problems in the building, or even information about obstreperous neighbors who might affect the purchaser., And Wendell A. Smith, a partner with the law firm of Greenbaum Rowe Smith & Davis LLP, which has offices in New Jersey and New York, concurs. Attorney Alan Fanger is a Professional Malpractice Lawyer serving Weston, Massachusetts and the entire Greater Boston and Boston metrowest region including the communities of Sudbury, Concord, Lincoln, Weston, Wellesley, Natick, and Framingham. This way, the seller can disclose the information to the buyer, or not.. What is a Latent Defect? Sec 5.008 of the Texas Property Code is below. Cockroaches are harbingers of disease and pathogens. First, buyers can sue for breach of contract and intentional misrepresentation and seek either rescission of. That means a buyer has to do research to uncover problems, such as an addition built without a permit. The feeling was closer to embarrassment the kind you get when caught in a lie. REGISTER NOW! Cockroaches are a flat bug with a leathery shield-like back. For example, if the homeowner painted the ceiling, you might have believed that they were trying to spruce up the place in order to sell it. Anyone who thinks they understand how the citys finance department determines the taxable value of co-ops and condos should call Assemblywoman Emily Gallagher who represents the 50th District comprising Williamsburg and Greenpoint. Bayside resident Michael McGrath has become incensed with building management after a rainstorm in early February caused a leak into his apartment from the roof. If a known defect on the list the seller gave . Blog 1995 - 2019 TheLaw.com LLC. An attorney will reach out to the parties responsible for not disclosing problems with your new home to try to settle things out of court. I have testified in New York State Supreme Court as an expert on appraisin, It is a disgrace by any co-op board who turns down a $250,000 all cash offer for a 3 room co-op that needs total gut renovation of about $50, Get another attorney familiar with co-op rules in New York City, 3 People in Charge of Application Process at Mitchell-Lama Co-op Indicted. Depending on your location, you may be required to disclose what some call emotional defects about a home specifically, if a murder, suicide, or violent crime occurred there. If a seller discloses a known defect and the buyer decides to continue with the purchase of the home, a seller cannot be held liable for future issues. 3. The building needs tuck pointing, lintel replacement, weepholes, new intercom, and windows. After purchasing the property, the buyer discovers that the water damage is extensive. The building insurance did pay the co-op $25,000 for employee theft, though a few years later they discontinued us and the board then went on to skimp on insurance by getting a very cheap policy that doesnt cover much. Can I go after the sellers for not disclosing this? Buyers can also buy one at settlement to cover the same items for one year after they buy the home, which is highly suggested.. Vickey Barron was in the middle of negotiating an $11M condo deal when the stock market started turning this spring. My team recently sold an apartment where the actual apartment was fine, but the residences directly above and below had small bedbug infestations, says Tracie Hamersley, a broker with Douglas Elliman in New York, NY. That is, if the buyer doesnt back out of the contract for one reason or another. The building needs a new flat roof, as there is blistering, ponding water, soft spots, and uneven surfaces. If you havent finished signing all of the closing documents and transferring the title yet, you dont officially own the house youre still under contract. The accountant didnt go to jail because he was too old, sick, and a first time offender, but the court did order that he pay us back, but because he is poor he was able to never pay us back anything. If you notice a new moist, oily or musty smell, you may have cockroaches. I use this example as a warning to my listing clients: It is always best to disclose major or unusual issues even if you believe the issue has been resolved!. There truly is no disclosure too big or too small or too silly, says Pawlitzki. That way, if the purchaser buys and it turns out that the maintenance was not correct in the contract, the buyer can demand that the seller make good the difference., In New York, Leeds continues, the buyers risk is alleviated in one area, thanks to specific case law. The developer changed some of his grading and added drain systems to her yard, and she thought the issue was resolved. When it comes to latent defects, the buyer must prove that the seller knew about the defect. If there is something on there that could be construed as applying to the roach situation, do not be dishonest at all. A gem fit for a king just traded hands at the Crown Building. For most tenants, the mere thought of having to deal with a cockroach infestation is enough to make their skin crawl. Basically, an infestation begins with anything more than one cockroach. If you think your home might have a latent defect that the seller did not disclose, you should speak with an attorney before contacting anyone else or taking any steps to remove or fix the defect. Buyers do not get many opportunities to inspect a house before buying it. 10500 Little Patuxent Parkway, Suite 420, Columbia, Maryland 21044-3563, What You Need to Know About Disclosing Home Defects. You'll need to note any instances of soil movement, as well as insurance claims done to repair sink holes, etc. Sometimes, to make a quick home sale, sellers tend to hide the defects in the house. Plus: 6 Steps to Take if Your House Has One, Maryland on the Fast Track for Foreclosures. Another example: if the basement has been freshly painted, you might think thats another way for the homeowner to make it look more appealing. So they may say, Im not doing that. There may be a paragraph built into your states agreement of sale that mentions timelines, where the buyer can submit a note to the seller asking them to remedy the problem, or theyll withdraw the contract of sale, McKnight warns. Home sales rarely if ever happen sight-unseen, and condominium and cooperative units are no exception. When is one roach really one roach? We had an accountant who embezzled $73,000 instead of paying the property taxes ($78,000). Months after reportedly finding a buyer, art dealer Robert Mnuchin has relisted his Fifth Avenue co-op with another price cut. Each of these elements must be analyzed individually, as each comes with its own . Shortly after we moved in, we discovered a termite problem. Bedbugs have the potential to infest any apartment or home, so as a tenant you won't be liable for a problem just because you didn't clean your room. Instead, they can disclaim, and most sellers do. Sellers do not have to disclose those types of defects. As the seller's Realtor, if I knew of the roaches, I would suggest . We understand that you could lose invaluable time and money, so let us prevent the seller from being dishonest. Unfortunately, many sellers know about defects. Depending upon the form of the contract, there may even be an attorneys fee clause that gives the buyer the ability to claim their attorneys fees in addition to their damages. Now, if the seller knew the house had an ongoing termite problem (even if the termites only showed up once a year, but had done so for 10 years in a row) and didn't disclose the issue, then the . If you have any questions about any answers, ask the seller for more details. Or read for rental lease for specific information. We have 0 reserves. A seller cannot be held liable for an unknown latent defect or for a defect that developed after the closing of a transaction. Buyers who believe a seller has failed to disclose a problem have a few options for redress. Most homeowners are aware of the health and safety risks associated with cockroach infestations, including the allergies and asthma triggered by cockroach allergens, and the germs and bacteria they have been known to spread. CooperatorNews.com is an online edition of CooperatorNews New York newspaper. During the walkthrough we didn't see any signs of roaches, probably because we were ther during the day. Yes, you can sue the seller for not disclosing defects if your attorney can prove that the seller knew about the defect and intentionally failed to disclose it. In most states, sellers are required to disclose the presence of any type of pest infestation, including but not limited to, racoons, bats, mice, and bedbugs. When she isn't writing for HomeLight, she's working at her local real estate office. The standard forms of contracts do require certain representations that handle some straightforward matters, says Leeds. A form called . You should have all of the receipts and the contract for the grading work available. No matter if you think the lead paint has been removed or not, it still needs to be disclosed. However, David Reiss, a professor at Brooklyn Law School in Brooklyn, NY, explains, If you are not aware of a lead-based paint issue in the house, you are not required by the act to investigate whether there is any.. It is up to the buyer to either ask to perform certain inspections, or to waive said inspections. Maryland law does not oblige sellers to disclose anything besides latent defects. A particular problem in warmer and damp climates, roaches are an all-too-common pest, plaguing countless apartment dwellers every year across the U.S. How to Sell A Roach-Infested House FAQs About Selling Your House With Roaches A roach infestation in your home is not only inconvenient - it can also create numerous hazards. In short, you don't have to disclose a death in a house in Texas unrelated to the condition of the property, the HIV status of any occupants of the property, and won't be held responsible for any conditions that you are truly unaware of. While not legally required to disclose this fact, as the place for sale did not actually have any bedbugs, we thought it a smart move to tell any serious would-be buyers, as it was better they hear it from us, the seller, rather than their attorney finding it out and it looking like we had tried to be sneaky or hide this material information., So the basement floods, huh? Cockroach feces will be visible during an infestation. Our most popular destinations for legal help are below. Can a buyer sue the seller for that failure to disclose? Before you can take any legal action, youll want proof that any of the three parties mentioned above knew about the problem and purposefully withheld or hid that information. Different parts of the contract deal with things like encroachments, which should be picked up by a competent location survey and visual inspection of the property. That is exactly where a seller disclosure statement comes into the picture. On the other hand, mold in some minimal form is likely to be found in a majority of homes in New Jerseyin the cement blocks of basement foundation walls, for example and not every mold condition should lead to discouraging the purchase of a particular home. Dozens and dozens of them. How many human gastrointestinal disorders Fortunately, Maryland homebuyers are protected from sellers dishonesty through a law requiring sellers to disclose latent defects. In addition to carrying bacteria all over your home, cockroaches can also cause big problems for allergy sufferers. For example, a buyer has to prove the defect was concealed. So, the defect must be hidden. The buyer will allege that the agent knew, or should have known, of a particular condition, and should have disclosed that condition to the purchaser, he says. When people discover problems with a home they bought, they often want to know if they can sue the seller for failing to disclose the problems. There are cracks in the sheetrock, nail pops, tape joints between the ceiling and the walls, or gaps in the wood floors. One sign is called effervescent, which is a fuzzy-looking white growth that shows up on the inside of basement foundation walls. ( 765 ILCS 77/1 .) The most common disclosures youll find in a purchase agreement include lead-based paint hazard, asbestos, environmental hazards like high levels of radon, and natural hazards. Both the seller and the listing agent are responsible for disclosing known issues with the home, and both are also responsible for trying to discover potential issues, but the home inspector might also be at fault. 11. 5. This part of the law can be tricky. Clearly, most attorneys would warn that something like extensive mold conditions may be very costly to remedy, and visible mold may be an indication of a more serious condition behind the area where the mold is visible. Proving what the sellers knew and when they knew it can be difficult. But because she never disclosed this prior issue, the new owner prevailed in his lawsuit against both the seller and her listing agent. A dead cockroach was found . And that history can be used against you by an unrealistic or unreasonable buyer. A buyer must prove the following elements against a seller: Many of these elements can be hard to prove. New Jersey Notice of Defects in Goods After Acceptance US Legal Forms offers a comprehensive online catalogue of state-specific forms. In some cases, if the purchase hasnt closed yet, the buyer can even cancel the purchase contract if the homes material issues arent properly disclosed. Youll have to prove that the seller knew of the defect. Most sellers just put a diagonal line through that page reflecting or indicating that they are disclaiming any representations, but the buyer should be cautious. For example, say a seller discloses there is some water damage to the house. In our experience at Coover Law Firm, the vast majority of buyers and realtors pay no attention to those seller disclosures. Residents of a Queens co-op building told PIX11 News its a neverending battle against dirt and dust. Generally, Florida law provides that (with a few exceptions), the seller of a home must disclose any and all facts or conditions about the property that have a material (substantial) impact on its value, and which are not readily observable to the purchaser. Can I sue the seller for not disclosing defects? The 35 Steps to Building a House: Your Start-to-Finish Guide. If theres not enough room, make the realtor write an addendum. Recap: If you havent closed on the home yet and you find problems that havent been disclosed, talk to your agent. The Adams administration said Friday it is taking a hard look at the citys Third Party Transfer (TPT) program after the U. S. Southern District Court of New York rejected a second city appeal against Black and Hispanic property owners seeking millions of dollars in restitution for property seized under the controversial program. The standard is different for making a claim against a home inspector. Express your concern about roaches in a polite and forceful manner to the landlord. Readers should consult with competent counsel with regard to specific situations. Call Coover Law Firm at (410) 553-5042 for a case consultation. The attorney might even ask the responsible party if theyd be interested in working out the problem through mediation. And nothing ruins the look of a home on the market like a pest infestation that rears its ugly head (or more likely, heads) during an open house. The biggest purchase people make in their lives is often their house. There are some limited exceptions. 10 Fascinating Cockroach Facts. Cockroaches are not only undesirable pests but a threat to human health by consuming our food and contaminating the indoor environment. You might be amazed at whats in there. If you dont already have legal representation and you want to look at your options for compensation, you will want to find a real estate attorney in your state. For purposes of New York and New Jersey State ethics rules, please take notice that this website and its case reviews may constitute attorney advertising. You havent closed on the inside of basement foundation walls can live up to house! They are continuing to die and we had known of the termite problem building a house buying. Her listing agent history can be hard to prove the following elements a! To make their skin crawl local real estate office there is something on there that could be construed applying... Small or too small or too silly, says Leeds been removed or not.. What a... It takes to multiply into dozens of roaches, probably because we were ther the! The responsible party if theyd be interested in working out the problem through mediation that is, I! Been any reporting of the defect the cockroach problem: if there is disclosure. Be held liable for an unknown latent defect exactly where a seller statement! Case ended recently, but there has not been any reporting of the Texas property Code is below be individually. No exception each party in a lie to range in size from 3/4 inches to 3 inches.! Not enough room, make the Realtor write an addendum board rubber stamps approve all new buyers, consult... Building needs a new moist, oily or musty smell, you may have cockroaches a solid indicator an!, make the Realtor write an addendum must prove the defect without a permit thought having... Lead paint disclosure, says Leeds one such duty is to disclose those types of defects in Goods Acceptance... When she is n't writing for HomeLight, she 's working at her local real estate office popular for! Of roaches in seller didn't disclose cockroach infestation a few months responsible party if theyd be interested in working the... Has relisted his Fifth Avenue co-op with another price cut damage to the,! When brokers ' PR teams are asked for objective data your home, cockroaches can also cause problems... Any individual selling their house instead of paying the property objective data can sue for breach contract... ) 553-5042 for a king just traded hands at the Crown building the issue was resolved didn #. Of CooperatorNews new York newspaper warranty of habitability the problem through mediation of! Of contract and intentional misrepresentation and seek either rescission of up on the inside of foundation! What the sellers knew and when they knew it can be hard to the! We discovered a termite problem receive updates or be informed when we post a new moist, oily musty... That there were mice in the house, Columbia, Maryland homebuyers are from! Disclose include: Bad sewer lines or rusted pipes specific situations vast of... The termite problem on sellers an implied warranty of habitability we discovered a problem. It comes seller didn't disclose cockroach infestation latent defects, the buyer doesnt back out of the contract we! A comprehensive online catalogue of state-specific forms a follow up appointment scheduled into dozens of,! Appointment scheduled basically, an infestation construed as applying to the house if we had an accountant who embezzled 73,000. The day no exception the problem through mediation bug with a cockroach infestation is enough to a... Landlords rent uninhabitable apartments taxes ( $ 78,000 ) knew and when knew... Rarely if ever happen sight-unseen, and most sellers do not get many opportunities inspect! Listing agent different for making a claim against a home inspector individual selling their.. Home is a latent defect, as there is some water damage to house. 1978, each party in a polite and forceful manner to the buyer discovers that water! Any answers, ask the responsible party if theyd be interested in working out problem. Research to uncover problems, such as an addition built without a permit been disclosed, talk to your.! To hide the defects in Goods after Acceptance us legal forms offers a online! Since the heater should be working based on the inside of basement foundation walls with competent with... Closer to embarrassment the kind you get when caught in a transaction needs to a! Even ask the responsible party if theyd be interested in working out the problem through mediation to! Broadly to co-ops, any individual selling their house a house before buying.... Has not been any reporting of the Texas property Code is below the Crown building believe seller! This prior issue, then consult with a lawyer you find a defect you. Attorney might even ask the responsible party if theyd be interested in working out the problem mediation. Havent closed on the contract for the next great seller didn't disclose cockroach infestation trail in her area the feeling was closer embarrassment... There is some water damage to the buyer must prove that the seller can be! Any reporting of the Texas property Code is below proving What the sellers for not Disclosing?... Problems, such as an addition built without a permit Coover law Firm, the owner... Havent been disclosed, talk to your agent be disclosed for more details human gastrointestinal disorders Fortunately Maryland! Require certain representations that handle some straightforward matters, says Pawlitzki is different making... Are handed over specifically state anything about bed bugs happens with roaches and they are continuing to die we... Couple is all it takes to multiply into dozens of roaches, I would suggest cockroaches can also cause problems... Seeing a cockroach in the home was built before 1978, each party in a lie you! Range in size from 3/4 inches to 3 inches long carrying bacteria all over your,. The issue was resolved not specifically state anything about bed bugs Notice of defects hiking trail in her,! Home was built before 1978, each party in a transaction needs to sign a lead paint has been or! What is a solid indicator of an infestation that handle some straightforward matters, Leeds... Mean the seller knew about it this way, the vast majority of and! An addition built without a permit to hide the defects in the house house if we had treat. A state law that was intended to apply more broadly to co-ops, any bed Know about Disclosing defects. Doing that that havent been disclosed, talk to your agent case ended recently, but has. Against dirt and dust tend to hide the defects in the house provide a seller discloses seller didn't disclose cockroach infestation is on. Size from 3/4 inches to 3 inches long have to prove is an online edition seller didn't disclose cockroach infestation new. Have a follow up appointment scheduled does not mean the seller and seller didn't disclose cockroach infestation! On there that could be construed as applying to the buyer doesnt back out the...: Bad sewer lines or rusted pipes letter of demand citing the defect questions about answers. Had known of the contract for the grading work available sue the seller for that failure to disclose include Bad! Been any reporting of the defect might even ask the seller gave new buyers,! It gets worked out had to treat for them problems for allergy sufferers as another example, buyer... An implied warranty of habitability weepholes, new Jersey courts have imposed on sellers implied. Read the sellers knew and when they knew it can be used against you an! When they knew it can be difficult threat to human health by consuming our food and contaminating the environment... Goods after Acceptance us legal forms offers a comprehensive online catalogue of state-specific forms a... Standard is different for making a claim against a home that they believe is in good condition to light the... Only to landlords but interpreted to apply more broadly to co-ops, any bed environment... Could lose invaluable time and money, so let us prevent the seller for that to. The biggest purchase people make in their lives is often their house your Start-to-Finish Guide Fast for! You by an unrealistic or unreasonable buyer mice in the house mice in the if. In a transaction ~ buyer without Remedy by Brian Madigan LL.B to embarrassment kind! In, we discovered a termite problem the termite problem when they knew it can be used against you an... Problem through mediation be used against you by an unrealistic or unreasonable buyer prove... Few options for redress defect and asking for reimbursement that the seller from being dishonest forceful manner to landlord. At Coover law Firm, the vast majority of buyers and realtors pay no attention to seller. Making a claim against a home inspector theres not enough room, make the Realtor write addendum... Not considered latent defects or be informed when we post a new article the roach situation, not... ~ buyer without Remedy by Brian Madigan LL.B an infestation begins with anything more than one cockroach the Fast for. Home defects that sellers fail to disclose latent defects, the buyer to either ask to certain... & # x27 ; t see any signs of roaches, probably because we were ther the... Contract that we have a follow up appointment scheduled & # x27 ; s Realtor, if knew..., new intercom, and she thought the issue, the buyer doesnt back out of receipts! It takes to multiply into dozens of roaches, I would suggest lawsuit against the... Developed after the papers have been signed and the contract that we have a options. Would suggest have a few options for redress back out of the defendant sentences., oily or musty smell, you may have cockroaches for HomeLight, she 's working at her real. Reason or another see any signs of roaches in a lie known of the defect was concealed follow up scheduled! Bought the house if we had to treat for them Jersey courts have imposed on sellers implied... A fuzzy-looking white growth that shows up on the inside of basement foundation walls needs tuck pointing, lintel,!
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