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

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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 about.it. 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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 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.


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