Is there legal actions I can take about undisclosed issues with new home purchase?

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Is there legal actions I can take about undisclosed issues with new home purchase?

Purchased a new home in the past 9 months. Noticed a leak which led to finding major roof damage and ultimately I will have to replace the roof. The total cost will roughly 20k. The inspector did not disclose nor did the seller. What actions, if any, can I take?

Asked on August 7, 2019 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 1 year ago | Contributor

If there is evidence (you need evidence, since you'd have to prove your case) that the seller knew of the roof damage but concealed it from, you could sue the seller for "fraud": for lying about an important issue (since there is a duty to disclose important issues, not disclosing them is functionally the equivalent of lying). In the lawsuit, you could get the repair costs--that is, any portion not paid for you by insurance.
The key is, the seller must have himself known of the damage: it is not fraud to not disclose things of which you are unaware, since it is not a lie.


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