Washington, MO asked in Construction Law and Real Estate Law for Missouri

Q: just bought a house and found a huge problem with the foundation. Hugh bulge in wall and cracked. Covered by box

House had foundation work done but didn’t notice any problems. Haven’t moved in yet what should I do. The living room wall looks like it’s gonna explode has a two inch bulge splitting the dry wall. Just closed on the house 4 days ago.

1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
Answered
  • Chesterfield, MO
  • Licensed in Missouri

A: I’m sorry to hear about your “new” house. A house is a huge purchase. You should meet with a real estate attorney promptly to review your sale contract and disclosure form and assess whether you might be able to achieve a satisfactory resolution. A relevant question is whether the seller failed to disclose the defect. For example, had a repair been made and not disclosed or even hidden? If, and it’s a big IF, you could prove a failure to disclose then you could pursue a claim under Missouri’s consumer protection statue, the Merchandising Practices Act (MPA). The MPA allows a plaintiff to seek not only actual damages, but also punitive damages and attorneys fees. Some attorneys take such cases on a percentage basis.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.