Can an estate be sued for not disclosing very expensive problems?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years 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.
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.