Can I sue the seller I purchased my house from if they cosmeticly covered up water damage caused by a leaking roof?

UPDATED: Sep 29, 2022

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Can I sue the seller I purchased my house from if they cosmeticly covered up water damage caused by a leaking roof?

We had an inspection performed but it had not rained for some time before the inspection so he did not catch the leak. We closed on the house and 10 days after we moved in it rained for approximately 1 1/2 hours. When I walked into my kitchen there was a big puddle and a 5-6′ long 4-5″ wide spot leaking from the ceiling. Upon further inspection we could clearly see every place the water was dripping had a small square of sheetrock mud covering it and it had been painted because it flashes from not being primered. Now we have mold in our attic and I believe the spores are getting in the rest of the house trough the AC ducts.

Asked on October 18, 2015 under Real Estate Law, South Carolina


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The law requires that before finalizing the sale, the seller disclose any known problems with their home before finalizing the sale which are not obvious to the average buyer walking through the home. However, the existence of a leaky roof must be disclosed if the leak is only noticeable in a heavy rain. Further, a seller must disclose any health and safety issues to the buyer before the sale is concluded. This means that the presence of toxic mold, which can cause serious respiratory problems, must be disclosed.
At this point, it's time to consult directly with an attorney who specializes in real estate  matters. They can best advise you as to your rights under specific state law.

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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