Is seller and/or home inspector liable for undisclosed structural repairs? Do we have any recourse?

Residential Property 2 views 2 answers
Purchased home in 7/14. Day before closing, found warranty in kitchen cabinet during walk-thru from Ram-Jack. After closing, requested info from Ram-Jack. Rec'd detailed description of work done in 2006 & 2007 - 16 helical piers installed under sinking slab foundation. Within 1 month had to repair cracked & sinking driveway. Air-filled void below slab revealed when drive dug out that ran along entire side of home. Void filled with cementitious grout before new drive poured. Now several noticeable cracks appearing in walls & ceilings thruout home (on same side of home that 8 piers installed)...even cracking thru wallpaper. Significant portion of roof damaged/blown off in tornado in 1998-also not disclosed. Property disclosure signed by seller in present tense-didn't address former repairs.

Attorney Answers

2
Kenneth Love ·
Unfortunately, there are too many unknowns to determine who, if anyone is liable. Much will depend on the language of the contract and disclosure forms that were signed. You should take all documents to a real estate attorney to review.
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James Faucher ·
Difficult to say. This will likely depend on the precise wording the the disclosures (as to a potential claim against the sellers) and the scope of the inspecition that you hired the inspector to do (as to the possible claim against the inspector). You need to have this situation reviewed by an attorney who can review all relevant documents. Good luck.
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