Q: I found severe structural damage during final walkthrough that inspector didn't catch. What are my options w/o walking
House was for sale by owner with assistance from agent friend. The day after placing an offer on the house, the seller moved out of state. Seller did not disclose damage and verbally stated she used 1 car detached garage just for storage through that single garage door. Inspector couldn't open the garage door more than 1/4 of the way up and deemed that the door needs repair. During final walkthrough everything should be cleared and broom clean. However I slid myself into the garage and it's full of old garbage lining every wall. The worst is discovering that the entire concrete floor had collapsed and settled severely, taking the garage structure with it. My realtor says I have no options and risk losing earnest money if I walk since it's very close to closing date. However the seller and seller's agent friend didn't disclose or mention anything regarding the garage when the offer was made. Do I really have no options at this point? Would it be out of touch to sue post-closing?
A: If there is a structural issue or home defect that comes to light prior to a closing and the seller should have disclosed the defect that was known to them, then you may have grounds to cancel the transaction. The fact the home inspector could not get into the garage to do their home inspection is important to note. I would suggest that you speak with a real estate attorney further so that they can review your documents, before an anticipated closing. As far as commission driven sales people, they are not attorneys and cannot provide legal advice. See www.ProvenResource.com for further information.
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