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
  • 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.

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