Is there recourse if the seller of a property does not disclose serious issues with neighbors?

Residential Property 5 views 2 answers
We bought our property in 2007. On one side there is a fence that we were later told by our neighbor that one of the previous owners of our property put up. We recently run a survey and figured out that the fence is 1 ft into our neighbor's property, which was recently sold. None of this was disclosed to us by the seller when we bought the property. On the other side we have facing many problems which directly impact our property: water draining into our yard, lights on all night, trees overhanging in our property, direct damages to the fence between the property, steam vent damaging our garage. According to this neighbor, nobody complained to him for years (only us) for all of these. Do we have any recourse against the seller and listing agent of the property for non-disclosures?

Attorney Answers

2
John Kitta ·
The seller had a legal obligation to disclose all known defects or elements that adversely affect the property. If they didn't, there should be legal recourse.
0 upvotes
Nicholas Spirtos ·
A seller is required to disclose all known defects and similar issues to buyers. Even if they did not know about some of these things, they may have had a duty to discover them. I am not sure that all the issues you mention needed to be disclosed. The biggest problem you may have is that you bought the property at least 7 years ago, and surely must have noted some of these issues since then. You may have waited too long. Determining the statute of limitations can be complicated. Contact a local real estate attorney for a consultation.
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