Home Defects: Sue the Seller, Agent, or Property Inspector?

  

Dear Bloggers,

 

A few months ago, we bought us a new home and yes, we were aware of the fact that this was not a new house. In my opinion a homeowner should look after his property. This is the thing that is occurring as the former owner has laid back in his chair and keeping up with the house that needs some work was not his thing.

Our home came with some unhappy surprises like leaks, cracks, broken mechanical systems, and other defects, the fiscal responsibility might not be ours alone. According to the lawyer we have hired for this case.

What if something was wrong with your house at the time of purchase and someone, the seller, the property seller's real estate agent, or the inspector could have or should have told us about it, but didn't?

Such problems can become known days, weeks after the sale, leaving you angry and wondering whether you really must shoulder the entire financial burden.

In such cases, you might be able to ask the responsible person to pitch in and take the matter to court if they do not. Ideally, you'll be able to resolve matters without filing a lawsuit suit.

Minor Home Defects or Natural Aging Aren't Grounds for a Lawsuit. We knew when we bought the house that it wasn't in a perfect condition. Some problems, such as a crack in the front walk, A window frame that was rotten these things were obvious. Others, such as aging plumbing, the seller might have told you about in the course of the sale. (In our country laws require home sellers to disclose all "material" defects to prospective buyers.)

 

Our home inspector, we had to hire one to get a mortgage also told us about a few foreseeable problems.

Then after the sale, our home probably continued its normal process of aging and decaying, leaving us to deal with the consequences. None of these sorts of issues provide any grounds upon which to run back to the seller to complain.

Will your insurance company cover the damage? If so, there might be no need to act on your own.

 

Could the Home Seller Be Held Legally Responsible for the Undisclosed Defects?

Even if you think you've been wronged, you can't sue everyone involved in the sale of your home. The home seller is the first one to consider, of course.

As mentioned, nearly every country in Europe has laws requiring sellers to advise buyers of certain defects in the property, typically by filling out a standard disclosure form before the sale is completed. (This responsibility remains even if you bought the house "as is.")

The form usually asks the seller to tell whether the property has certain features like appliances, a roof, a foundation, systems for electricity, water, and heating, and more and then to rate or describe their condition. Disclosure laws are more comprehensive than others, and if a feature isn't on the list, the seller might not be required to speak up. Also, the seller isn't usually required to scout out problems.

If there's clearly a place on the form where the seller should have stated a problem but denied it, your job is to try to figure out whether the seller in fact knew about it. For example, if the seller patched over or hid problem areas, or if the neighbors have told you about the seller's efforts to deal with a problem, the evidence is on your side.

Could the Seller's Real Estate Agent Be Held Legally Responsible?

Sometimes' laws make sellers' real estate agents liable for failing to disclose problems they observed or were told of by the sellers, though often their duties are limited.

Could Your Home Inspector Be Held Legally Responsible?

Hopefully, we are as the bank asked us for getting a home inspection report done before buying. In theory, the inspector should have spotted problems that the seller wasn't aware of or was turning a blind eye to. If the inspector missed problems that an expert (a professional peer) should have noticed, the inspector might be on the hook; that is, legally liable.

We read over your inspection report to see what it said about the area in question. Some buyers are embarrassed to find that the problem is spelled out right in the report or falls within an area that the inspector rightfully excluded from the report (such as a blocked off or inaccessible area). In our case the crawl space was not accessible because it was full of water and gave off a fierce dank smell. As a result, the inspector could not figure out if the utilities were in working order located in the crawl space.

But in other cases, the inspector did not meet basic standards of professional competence. This is the reason our lawyer is hiring an independent building inspector and maintenance expert. And who will hopefully be able to get a clear picture of the stated defects that are being denied by the seller.

Do You Have a Solid Case?

Once you've figured out the possible responsible parties, you'll want to know whether their action or inaction might entitle you to compensation. If your situation meets the criteria below, you might have a good case. We've collapsed a few legal principles into this list, but it will apply to most situations in most U.S. states.

• The defect was there before you bought the home. 
• It's not an obvious defect that you could have seen yourself before buying. 
• No one told you about the defect before the sale, or someone actually lied to you about it. 
• You relied on the lies or nondisclosures. 
• You've incurred monetary damage as a result. 
• You're within any appropriate deadlines.

 

Even if you think you meet the above criteria, remember that in an actual lawsuit, it will be your job to convince a judge. Hence the more evidence you can start gathering, the better. We are trying to avoid a lawsuit as there is quite a cost involved. Still if the seller continues to resist and deny like this then there is probably little choice but to take it to court. Writing the letters is difficult and this has been dragging on for several months now. Hopefully, the courts will provide clarity, and we can move forward with realizing our own little palace. We have not lost hope and hope for a good outcome.

You might still be responsible for paying court costs and other fees, plus expenses such as the attorney's phone calls and postage. Or the court might award reimbursement of attorney's fees as part of your damages.

Waiting for better times.

The Old Sailor,