Can I sue for problems with my house that were not disclosed to me?

UPDATED: May 24, 2012

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Can I sue for problems with my house that were not disclosed to me?

I bought a house 2 months ago and have recently found termite damage and floor damage. There was nothing in the disclosure I did have a home inspection which didn’t find it and a temite inspection but my real estate agent didn’t give me the report untill the end of the closing. Do I have a case? And if so, who can I sue?

Asked on May 24, 2012 under Real Estate Law, Indiana


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You could potentially sue the homeowner for failing to disclose it, if you believe (and believe you can show) that the homeowner knew or reasonably had to have known of the problem but knowingly did not disclose it.

You might also be able to sue the realtor is he or she knew (had been told of) the problem, but represented there were no such issues.

It would be worthwhile for you to consult with a real estate attorney about a lawsuit if the damage is several thousand dollars. If it's only several hundred, it's probably not economically worth taking action.

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 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.

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