IF A PROPERTY OWNER MISREPRESENTED AN IMPROVEMENT ON A HOME DO I HAVE LEGAL RECOURSE AGAINST HIM

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IF A PROPERTY OWNER MISREPRESENTED AN IMPROVEMENT ON A HOME DO I HAVE LEGAL RECOURSE AGAINST HIM

I purchased a FSBO in Arkansas the property owner advertised the home had a new roof. Before closing I asked him the name of the contractor that replaced the roof. He said he could not remember but it was a local licensed contractor. I pressed him for the name he said that information was packed away but he would get it for me as soon as he got unpacked. I also have that answer from him in a text message also. It has been 5 weeks since closing and he has not given me that information. Do I have legal recourse to get information?

Asked on March 10, 2016 under Real Estate Law, Arkansas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You only have legal recourse to get the information if you sue the owner for fraud, or for lying about a material, or important, fact--legal process to compel the production of documents or information is only available in lawsuits. Of course, if it turns out he did not lie, not only will you not be able to get any compensation, and not only will you have to pay for your costs of the lawsuit, but potentially, under some circumstances, you could be liable to him for a frivolous (pointless; not supported by the facts) action or lawsuit. Unless you are very confident that the roof is old enough to warrant a lawsuit, it is not worth going down this route. 


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