Atlanta, GA asked in Small Claims and Real Estate Law for Tennessee

Q: I purchased my home over nine years ago. I had an inspection and everything he found we turn it over to the seller and

he fixed it but it was just minor stuff. I’ve had issue after issue with this house ever since especially the plumbing. Warranty company won’t pay because there’s a water house stuck in there. Don’t have a clue how it got in there and that’s probably that cause of all the plumbing issues we’ve been having with it getting backed up. The Gas company came out and did what ever they do and said they smelled gas and shut it off for our safety. They dug up all around the gas pipes and they’re old and corroding, and a list of other things that have went wrong. It’s been a non stop money pit since we brought this house and all the realtor could say was he didn’t disclose anything in the paper work.

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1 Lawyer Answer
Anthony M. Avery
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Answered

A: Whatever residential disclosures that were made by the seller or real estate agent are way outside the SOL for suit. However a breach of contract action on your Warranty might not have run. Hire an attorney to look at your Warranty, examine your damages, and then file suit. If damages are under $ 25K, file in General Sessions, which will get the case going quick. But even if you win, you will probably have to try the suit twice. You may have to be creative in finding a risk term to sue under.

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