Legal Options When Discovering Hidden Issues in Your New Home

Buying a house is a significant commitment. However, it's not uncommon for buyers to face unexpected issues, such as mold or a flooded basement, after closing. These issues can sometimes be the result of active concealment by the seller. Understanding the legal landscape and your potential options is crucial in such situations. This article explores the procedures and legal steps you can take, including consultations with attorneys and the importance of a thorough inspection.

Disclosures and Property Value

Under the law, sellers have a duty to disclose all material facts that affect the value of the property to potential buyers. This includes issues like mold or structural damage that could impact the property's value. Additionally, buyers typically undergo a home inspection before finalizing a purchase. However, if the seller concealed these issues in a way that prevented the buyers from discovering them, this could form a basis for legal action.

Consult a Legal Professional

The first step is to consult with a plaintiff's attorney who specializes in real estate cases. If a seller actively concealed a property defect, it could constitute fraud. In such cases, while the seller is guilty, the listing agents and the seller themselves could also be held liable for their actions. The primary goal should be to negate the sale, recover your costs, and move forward rather than seeking to make a profit or punish the seller. Legal battles are time-consuming, costly, and can significantly impact your personal life.

Formal Notification and Legal Proceedings

A professional legal advisor can formally notify the seller and real estate agent, requesting that they correct the issues. You should also consider pursuing legal action. Your attorney can provide guidance on whether a professional inspection is necessary to gather additional evidence. Consulting with Davis Caplan, an experienced architect, could also provide valuable insights into the property's condition.

Reviewing Inspection Reports and Disclosures

Before taking any legal action, it's essential to review the home inspection report from the moment of purchase. If the problems you're facing were evident in the original inspection, it suggests that the issues were present at the time of purchase. Additionally, examine the seller's disclosure form to ensure that any issues are not mentioned. If they were not disclosed, you will need to demonstrate that the seller intentionally misrepresented the property's condition.

Communications between your agent and the seller or their agent must also be reviewed. If there were discussions about these issues that were not communicated to you, your agent could also be held liable. It's important to document and preserve all relevant communications for potential legal recourse.

To summarize, the key steps include seeking legal advice, reviewing inspection reports and seller's disclosure, and potentially seeking further professional assistance. Navigating these legal complexities is crucial in protecting your rights as a buyer. Always consult with a qualified legal professional to ensure a comprehensive understanding of your rights and options.