Featured News 2013 Suing your Seller for Home Defects

Suing your Seller for Home Defects

When you buy a home, you want it to be a place that you feel safe and secure. Chances are that you have a romanticized view of what your home should be like, and if the building is not able to meet your expectations you may be disappointed. Sometimes, eager home-buyers will choose and officially purchase a house without really knowing too much about the property. Eventually, buyers may find that there are all sorts of defects in the home that you did not know about.

For example, a roof may be leaky in the rain, or there may be cracks in the walls that you never detected until the cold weather from outside seeped in. Also, there may be times that the mechanical systems in a home are broken, or there is another dangerous defect. If the seller of the home knew this beforehand and neglected to inform you of the defect, then he or she may be financially responsible to repair the issue. You probably knew at the time of your purchase that your home was not in perfect condition, and ever home required maintenance.

If you want to sue because of a regular maintenance issue, chances are that you will not have much of a chance when going up against the seller. Yet if the defect in the home is significant and should have been addressed prior to purchase, then this could be grounds to seek compensation. Before you go after your seller, check and make sure that the problem can't be covered by you insurance company. If your homeowner's insurance policy will cover the costs, then you may not need to litigate at all.

If your insurance won't cover the damage, then you may want to go after your seller. U.S. state laws typically have regulations which ensure that a seller disclose all significant defects about a house to the future buyer. This is normally determined by a disclosure form which lost all of the issues of the home. Even if you bought the house "as is" then you may still have the right to read about a standard disclosure contract.

Normally in the disclosure form, a seller will need to examine key aspects of the home and rate them on a scale of one to ten describing their conditions. Some states have very specific disclosure laws, while others may only require that the seller discuss the items on the disclosure list. Typically, a seller is not required to actually scout out problems in the house, so if the defect is not obvious then it may not be the seller's liability.

In addition to suing the seller, you may be able to go after the seller's real estate agent. This happens in some states where real estate agents fail to disclose known problems in order to make a successful transaction. Only some states will permit this type of lawsuit, so you will want to determine how these cases are handled in your state with the help of a real estate agent. You can also seek compensation form your inspector.

If you got a home inspection before buying the home and the inspector failed to make note of the defect, then you may be able to put liability on this professional. This is because it is his job to carefully and cautiously work through the defects in the house with you. If he or she does not detect these even though they are obvious, then you may have the right to seek compensation. Make sure to discuss your options with a real estate professional before taking any action.

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