Can I sue a seller for intentionally covering up a burn on the countertop in the kitchen and not disclosing it?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I sue a seller for intentionally covering up a burn on the countertop in the kitchen and not disclosing it?

We recently purchased a home and while I was cleaning the kitchen I moved a cutting board I though the seller had forgotten only to find a deep burn in the counter top. It is burned beyond repair. If I would have know this was there we would have defiantly re-negotiated the price. Can we sue for this?

Asked on August 6, 2012 under Real Estate Law, Texas

Answers:

Terence Fenelon / Law Offices of Terence Fenelon

Answered 9 years ago | Contributor

First of all, I would mention the old Latin term of " caveat emptor"' which means, buyer, beware!

Why didn't you move the cutting board while inspecting the premisses?  Was it attached?  In most real estate transactions, the buyer takes the property subject only to exceptions specifically stated in the sale contract.

If the seller actively covered up the defect in a manor in which it not easily determined, the defect, discovered later, might be actionable.  Depending upon the money involved (damages), you could file a small claims suit in the court under a fraud or misreprentation theory.  But, remember the first line of this response.  If I were representing the seller, I would raise it as a defense. 

Good luck


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption