Can an estate be sued for not disclosing very expensive problems?

My realtor told me that since the owner passed and the estate sold me the home
the estate court appointed trustee claimed an exclusion of disclosure.

Asked on January 28, 2019 under Real Estate Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

Yes, the estate can be sued: they cannot disclaim or avoid their legal obligation to disclose KNOWN problems. That, however, is the key: they are only obligated to disclose problems which are in fact known to the estate (i.e. to the executor or personal representative). They do not need to investigate the property to find problems; and are not liable for problems that may have been known to the decedent (the deceased seller) but are not known to the executor or personal representative. Only problems which are in fact known to the executor or personal representative (which means problems that you can prove they knew) are things they can be held liable for.

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