Q: We would like to take legal action against the person who sold us our home/the inspector for nondisclosure.
I bought a home in May of 2018. At the time of inspection, damages to the ceiling and other concerns were labeled as cosmetic damage only. Only after we purchased did we learn from a neighbor that the home was a rental house for 30 years. It was not disclosed before hand. Now, since that time we have replaced multiple ceilings, plumbing, etc, and have found that most of the fixes prior were not up to standards and done incorrectly, to the point of being physically dangerous (Our bathtub is not on the proper size supports, the plumber stated that filling the tub with water could cause it to collapse). We've spent thousands of dollars on this house less than 4 years in because of all the damages. Can we sue for this?
A:
Possibly, if you have more facts than what is disclosed here. The fact that it was a rental for 30 years isn't enough. Nor is the bathtub not being on proper supports. You'll need to show that the former owner knew or should have known of very specific issues.
I think you have less chance of success against the inspector. Most home inspectors have language in their agreement effectively saying "Hey! If we miss something, we miss something. We're not electricians, plumbers, or contractors."
A:
Sorry to learn about your circumstances.
To prevail in a Seller Non -Disclosure Action- which is essentially a fraud action, you need to prove that the Seller intentionally made statements or omitted information designed to mislead the buyer. In other words, the Seller had to have a knowing disregard for the truth; and the buyer must have relied upon the Seller's statements. The first step is to have a real estate attorney review the Seller's disclosure, the purchase agreement and all related addendums and emails surrounding the transaction.
You will also need to provide evidence of your damages.
Check out www.ProvenResource.com for more information on Seller Non-Disclosure Issues.
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