Q: I purchased a home in march 2023. There are so many problems with it. Cracked and crumbling foundation, plumbing and
Electrical issues just to begin with. Seller did not disclose any of this to us. Inspection was done but inspector did not bring this to our attention. What kind of lawyer am I looking for, for this type of matter and would i use the same lawyer against both the seller and inspector?
A: Dear FAILURE TO DISCLOSE claimant: The type of lawyer you need is a real estate and construction experienced lawyer. And, no, you shouldn't expect to have to hire separate counsel for your claim of (1) Failure to Disclose, and (2) Negligent Inspection. I am hopeful that you have a standard Colorado Purchase And Sale Agreement whereby your remedy against the Seller is to first pursue Mediation (look for Section 23). Additionally, you should examine the terms of your Inspection Agreement whereby most contain limitations of liability clauses, unfortunately. Best wishes on your pursuit. JAMES GREER
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A: I agree that you need a real estate attorney familiar with litigation work. In short, you have a potential breach of contract, fraud, and failure to disclose type issue. As to the prior homeowner, knowledge is normally key to those issues. IE, did they know? The home inspector’s lapse is a more complicated issue that may require an expert to talk about standard of care items. Regardless, your house is an important asset so find a good attorney.
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