Portsmouth, VA asked in Real Estate Law for Virginia

Q: I purchased a home in Aug 2010. After attempting a remodel of my bathroom, I noticed the subfloor was rotten.

Someone had placed a sheet of wood underneath in the crawlspace hiding the rotten wood from the inspector. What can I do?

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1 Lawyer Answer
Paul A. Prados
Paul A. Prados
Answered
  • Fairfax, VA
  • Licensed in Virginia

A: The answer is probably bad news.

This will depend on the terms of your real estate contract. Routinely in Northern Virginia there is a form signed waiving all obligations of the seller to confirm the condition of the property in question. A version of the form called the residential property disclosure statement is what you want to find. There is also an "as-is" clause often included in a contingency addendum to the contract. These provisions will generally be upheld.

Once you find all the contract pieces set up a consult with an attorney in your area that does consults for free or low cost that has experience in real estate law. They will be able to advise you of your chances based on your particular contract, and you can make a reasoned decision about how to proceed.

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