If a seller does not disclose a problem with an appliance in their disclosure statement, what are a buyer’s rights after the closing?
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If a seller does not disclose a problem with an appliance in their disclosure statement, what are a buyer’s rights after the closing?
I just recently purchased a house in NE and the seller filled out a property disclosure. In it they stated that the dishwasher was “working”. The first day after closing on the house we turned the dishwasher on to run it once to clean it out;it leaked all over the kitchen floor. We contacted a repair man about this who specializes in plumbing and he said that the dishwasher could not have worked the last time it was run because of the extent of the damage. After contacting our real estate agent, who’s son was the seller’s agent, he said there was nothing we could do since we had already closed.
Asked on August 19, 2011 Nebraska
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
If the seller affirmatively, or actively, misrepresented, or lied, about something, he could be liable for the costs or damages resulting from that misrepresentation, regardless of whether the home has closed or not. In this case, if he actively lied about the condition of the washer, he is potentially liable for the ost to repair it and/or any damage the leak did (e.g. to cabinets, flooring). The problem is that since the house has closed, if the seller won't pay you, your only recourse to seek compensation would be to sue him, which plainly can cost you time and money. Since a lawsuit is never a given--i.e. you can't count on winning--you may spend money and time and yet lose. You therefore need to decide whether it is worth it to seek this recourse or--depending on the cost to repair--it may be best to absorb the cost yourself.
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