Can I hold previous seller of my home responsible for damages to home they did not disclose at time of sale?

I purchased my home 3 years ago and there is are erosion problems that have been happening for the past 5-10 years.

Asked on December 2, 2011 under Real Estate Law, Kentucky

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you purchased real property and the seller did not disclose a material fact concerning the property purchased that affects value or desirability to a third person or you, all such matters should have been disclosed. Soil issues would be a material fact.

The issue is were you aware of or should have been aware of such soil issued before close? Another issue is the possible running of statute of limitations. I suggest that you consult with a real estate attorney immediately. Another issue is what would be the costs to repair the soil issues or the need to establish "diminution in value" of the property at close to establish your claimed damages.


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