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Can I sue seller for not disclosing house defect after closing? I closed the deal without obtaining seller's disclosure.
Anonymous3 views4 answers
I bought a house two month ago. And I just found out the house might have foundation problem which seller didn't disclose and house inspection didn't even find. The problem is I got some credit from the seller for repair based on inspection report and I signed additional addendum saying "buyer agrees to accept property in as is condition" And the other problem is seller didn't provide me sellers disclosure. when I asked my realtor to get it for me a few times after they accepted my offer, he emailed me saying the sellers are elderly people, they are not all together and advised me to rely on inspection report. The seller's agent told me they know the house has no problem. So I decided let it go. Now I might have a big problem and might have to spent a lot of money. Please advise me.
Barbara Billiot StageForeclosure AttorneyOrlando, FLFL licensed ·
I doubt you can bring any kind of action for recovery because you signed an agreement stating you were taking it "as is" and you didn't get a disclosure. You would also need to prove the sellers knew of the condition and concealed it. It sounds like they may not have known themselves.
Seek a consultation with a local real estate lawyer.
You have a few problems. First you signed in as is clause which may be enforceable. Second of all, defects that the seller knew of are what must be disclosed. If they are elderly and not all there then they made not have even known and you wouldn't be able to prove so. The inspection company may be liable if they failed to see the foundation problem. See a lawyer ASAP.
To supplement Mr. Klurfeld's response, not only might you have an action against the inspection company, but also your realtor.
As Ms. Stage and Mr. Klurfeld stated, the Sellers' obligation is to inform you of defects that they are aware of, not to go all out to learn of defects and then inform you. You might be able to obtain proof of their knowledge if you were to poll all inspection firms in the area, or check the public records to see if permits were pulled for repairs or Notices of Commencements recorded, but absent some proof that the Sellers knew of the foundation issue, you have no cause of action against Sellers.
