Hillsborough, NC asked in Real Estate Law for North Carolina

Q: If I did not sign a disclosure form when we bought our home 12 years ago, Can I be sued by anybody?

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1 Lawyer Answer
  • Cary, NC
  • Licensed in North Carolina

A: Can you be sued? Yes. Anybody can sue anybody else at any time for anything. Is it likely? Assuming some kind of breach of contract or duty occurred 12 years ago, the answer is probably not. It would depend on why they were suing and when they discovered the harm/injury.

What kind of disclosure form are you talking about and why would a buyer have to sign it? I am familiar with residential real property disclosures or lead based paint or some other disclosures (could be environmental/nuisance hazard). Those forms have to be signed by the seller and acknowledge to the buyer that these conditions exist or do not exist. That way if the seller lies or fails to disclose the buyer can sue the seller. If you are the buyer and none of the things covered by the typical disclosures have emerged in 12 years, then it will be difficult to show that the seller lied to you.

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