If you don’t have a proper home inspection, can you still sue the seller for items not on the disclosure?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If you don’t have a proper home inspection, can you still sue the seller for items not on the disclosure?
Can you sue a seller after three and a half years. The disclosure said evidence of fire in attic but no structural damage. Access hole small. A contractor did my inspection. I found out after purchase he wasn’t licensed. Got married and my husband cut the access bigger. The contractor went up there but failed to notice all fire damage. Gable walls wood completely scorched. Stucco is the only thing holding it up. Definite structural damage. Does the unqualified inspector nullify any chances of suing the seller. Texas
Asked on August 29, 2012 under Real Estate Law, Texas
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
From what you have written you may have a factual basis to sue the contractor over the fire issue with the home you purchased if you are not time barred by your state's statute of limitations on given causes of action. As such, I suggest that you consult with a real estate attorney about your matter.
Potentially you may be able to file a suit against the seller for concealment if the seller knew that there was structural issues with the home due to the disclosed fire damage. However, as a drawback to you, the seller per the transfer disclosure statement that you have written about did disclose prior fire damage putting you on notice of the home's defects before close of escrow. Your best chance of proving liability is against the inspector.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.