Is it possible to be reimbursed home inspection fees if the seller lied on the disclosure?

During the process of trying to buy a home,the seller lied on the Disclosure stating that the roof was new and had a two year warranty. We paid for a few different types of inspections, full house,termites,radon and mold tests. These together totaled over 1100.00.Once the tests were all complete we decided not to purchase the home because there were just too many repairs to be made and we walked away from it. Now just a couple of weeks later the house is back on the market and the realtor has written that the inspections have been done, all the repairs have been completed and a new roof will be installed in the coming weeks. This after we were told it was new. Can we get the cost of inspections back being that we probably wouldn’t have had them done had we been told the truth about the roof? Thank you I appreciate your feedback.

Asked on January 28, 2019 under Real Estate Law, New Mexico

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

You can potentially recover the costs, since they were incurred due to the fraud, or material misrepresenation (essentially, a lie about something important) of the seller. Fraud provides a basis for receiving compensation if you can show that you only incurred the cost due to the fraud. You'd have to sue the seller and establish the fraud in court to recover your money, if he will not voluntarily pay you.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.