Do I have a lawsuit or possibility to file a claim against the seller, real estate company, or home inspection company for undisclosed defects?

My fiance bought a house 6 months ago. We are now discovering various issues that are requiring us to fix them that will hinder us selling the house if we cannot afford to fix them and just overall selling of the house. The issues have obviously been there for awhile (termites and rodent damage in crawlspace), mold in crawlspace (it’s been sprayed and killed), roof leaking in various spaces (was disclosed nothing wrong with the roof). Should these things have been picked up during the home inspection?

Asked on October 25, 2011 under Real Estate Law, Pennsylvania


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In the sale of all real property in this country, the seller is required to disclose all known conditions about the property being sold that would materially affect the desirability of the property or the price paid by a prospective buyer. If the seller knew about some or all of the problems that you are writing about but did not disclose such to you before sale, you have a claim for concealment.

The same holds true for the real estate agent and is or her brokerage.

As to the home inspector or roofer, if he or she missed items that should have been observed and reported upon, the home inspector could very well be responsible for your claimed costs of repairs.

I recommend that you consult with a real estate attorney about your inquiry.

Good luck.

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