What is our recourse for an inaccurateseller disclosure statement?
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What is our recourse for an inaccurateseller disclosure statement?
We purchased a home 2 years ago that had 2 pieces of drywall attached in basement. Our home inspector didn’t note any problems with the foundation and the seller disclosure statement stated that the seller was unaware of any problems. We recently removed the drywall and found that it was glued to the cinder-block wall and was hiding cracks and separation in the wall. Do we have any grounds for recovery?
Asked on August 14, 2011 Pennsylvania
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
The real question is what is specifically wrong with the home as the result of finding what you discovered and the crack/separation in the wall as to the home's structural integrity? Meaning, was a cosmetic issue covered up by the drywall or was a significant structural problem hidden?
If a structural problem hidden by the drywall and this problem was not disclosed by the sellers, was this problem known by the sellers before close of escrow?
If the problem that was hidden is significant and the costs to repair significant, you have grounds to bring a legal action against the sellers if you have a factual basis that they knew about the problem you discovered with the home and failed to disclose such before escrow's close.
Your damges would most likely be the current costs of repairs or the diminution in value of the home given its condition versus what you paid and the lesser of the two.
Good luck.
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