can earnest money be refunded if I just discovered that the house had a fire 5 month ago and was not told

Asked on September 19, 2018 under Real Estate Law, Oregon


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

IF you find out that there is undisclosed significant damage or issues due to the fire which have not been repaired, you could get out of the sale and get your money back. But while there is a duty to disclose issues or problems known to the seller, there is no duty to disclose the home's past or history; therefore, if any damage was fully corrected, you have no grounds to get your earnest money back.

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