Q: We just found out there was a fire in the home we bought. It was not disclosed prior to buying. What's our options?
Prior to buying we checked records for crime and work permits and only found a few permits but nothing major for work completed. AFter moving in and by chance our gas line was being replaced by the city and the worker mentioned the fire. We asked the neighbor and it was confirmed and mentioned it started in the basement. This explains why the whole house was remodeled. We have been in the house for 7 months and now there is concern. Are there foundation issues that are covered up? And was the reconstruction work inspected? We feel like we have been duped.
A:
If there is a latent defect, you may have a cause of action, but it needs to be latent, and it needs to be a defect. If there was something wrong with a house, like a fire, and it was fixed, it's not a defect. If you could see it upon diligent inspection, it isn't latent. It sounds like you are missing the first element, and you will need to prove that the seller made the defect latent by concealing the defect. So, if the seller thought it was fixed, it wasn't concealed and it isn't latent. If it provides some parallel context, there is fairly stable case law that a seller does not need to reveal if a death occurred on the premises, even if the death was the Amityville Horror. A buyer might be superstitious and wish to avoid a home that was the scene of sadness or even horror, but, as a matter of law, that isn't a defect and need not be revealed. It doesn't hurt you because it is a defect. It hurts you solely because you know it.
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