Can I hold previous seller of my home responsible for damages to home they did not disclose at time of sale?

UPDATED: Dec 2, 2011

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Can I hold previous seller of my home responsible for damages to home they did not disclose at time of sale?

I purchased my home 3 years ago and there is are erosion problems that have been happening for the past 5-10 years.

Asked on December 2, 2011 under Real Estate Law, Kentucky


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you purchased real property and the seller did not disclose a material fact concerning the property purchased that affects value or desirability to a third person or you, all such matters should have been disclosed. Soil issues would be a material fact.

The issue is were you aware of or should have been aware of such soil issued before close? Another issue is the possible running of statute of limitations. I suggest that you consult with a real estate attorney immediately. Another issue is what would be the costs to repair the soil issues or the need to establish "diminution in value" of the property at close to establish your claimed damages.

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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