If you don’t have a proper home inspection, can you still sue the seller for items not on the disclosure?

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If you don’t have a proper home inspection, can you still sue the seller for items not on the disclosure?

Can you sue a seller after three and a half years. The disclosure said evidence of fire in attic but no structural damage. Access hole small. A contractor did my inspection. I found out after purchase he wasn’t licensed. Got married and my husband cut the access bigger. The contractor went up there but failed to notice all fire damage. Gable walls wood completely scorched. Stucco is the only thing holding it up. Definite structural damage. Does the unqualified inspector nullify any chances of suing the seller. Texas

Asked on August 29, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

From what you have written you may have a factual basis to sue the contractor over the fire issue with the home you purchased if you are not time barred by your state's statute of limitations on given causes of action. As such, I suggest that you consult with a real estate attorney about your matter.

Potentially you may be able to file a suit against the seller for concealment if the seller knew that there was structural issues with the home due to the disclosed fire damage. However, as a drawback to you, the seller per the transfer disclosure statement that you have written about did disclose prior fire damage putting you on notice of the home's defects before close of escrow. Your best chance of proving liability is against the inspector.


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