Q: Is there a statute of limitations on a Buyer/Homeowner suing the previous Seller/Homeowner for failure to disclose info
Information on termite or WDO infestations that may not have been treated: Are these deemed important to disclosure during home sales?
The Buyer, the current owner, has found evidence of old WDO activity with no apparent treatment in the home after removing debris, stacked boards, and other miscellaneous items blocking the view of the walls during a home inspection in a real estate transaction. This is now two years after the purchase. The seller disclosed buckled floors in the basement but explained that it was simply moisture from failing to put a moisture barrier down before installing the flooring themselves. They did NOT check that the home had ever experienced flooding. It now appears that the buckled floors were directly from flooding within the basement area, as occurred twice this year. The flooding caused the floors to be removed entirely, including all piles and debris underneath the stairwell, revealing old WDO activity with no evidence of treatment.
A: Usually a 1 year SOL to sue from date the Disclosure was executed. Defendants are anyone that signed a false disclosure, which may include others than the grantors.
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