Is there a period of timeafter buying a new house that if something is found wrong the old owners are obligated to fix it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is there a period of timeafter buying a new house that if something is found wrong the old owners are obligated to fix it?
My mother recently bought a new house. The previous owners did not disclose that there is some water damage in the basement, nor that water can still get in. There is wood paneling along that side of the wall in the basement. She also had a home inspector come in and he did not catch this. She hasn’t even started living in the house yet. Since she has closed on the house, has she now become responsible for fixing this problem or could the previous owners still be held responsible?
Asked on November 30, 2011 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
For any visible conditions, it is unlikely that your mother could recover from the owners following having the house inspected and having (presumably) had her own opportunity to view the home--she would likely be held to have bought the house subject to conditions which were readily visibly, even if it happens that she and the inspector missed them.
For conditions not readily discoverable, if they are material (or siginificant) and/or were required to be disclosed by the disclosure form(s), then if the previous owners knew of them and did not disclose them, your mother may have a cause of action. If she thinks this may be the case, she should consult with an attorney to explore her possible recourse. If the sellers did not know, however, they are probably not liable--people are not generally responsible for not disclosing that which they are unaware of.
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.