I bought an as is manufacture home.After living here a year there are damages not disclosed or on inspection I know where covered up buy seller can I sue him for ins deductible to have them repaired from my homeowner’s insurance.

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I bought an as is manufacture home.After living here a year there are damages not disclosed or on inspection I know where covered up buy seller can I sue him for ins deductible to have them repaired from my homeowner’s insurance.

He covered up tiles around woodstove with flooring that were broke and
around swamp cooler and roof there’s a crack and it leaks down the wall and
floor .there is water damage.I know the seller was fully aware of these
things and covered them up they are not listed on inspection sheet

Asked on December 3, 2017 under Real Estate Law, California

Answers:

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

Answered 4 years ago | Contributor

If the seller knew of the problems (i.e. "defects") but did not disclose them to you, then you have claim. Here, by virtue of the fact that there was an attempt to cover them up goes to the seller's knowlege. This constitues a fraud so in actionable. As far as an "as is" sale, that only goes to problems that you, as the buyer, could reasonably find so offers no a defense to the seller in this situation.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, if, as you indicate, he knew of defects or problems which were covered up or hidden or otherwise not reasonably detectiable by the buyer. An "as is" sale only applies to problems the buyer could reasonably see or find for him/herself; "latent" or hidden defects or problems must be disclosed by a seller who knows of them. A failure to disclose known problems is fraud, and fraud provides a basis to sue for compensation (such as the cost to repair the conditions or problems).


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