Post Close Discovery

Get Legal Help Today

 Secured with SHA-256 Encryption

Post Close Discovery

We closed on a home in 3/2018 and have since discovered several significant
issues with the home that were not disclosed. Do we have any recourse against
the seller or seller’s agent?

Asked on May 26, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If it can be shown that the seller either knew of the issues or reasonably must have known (that is, that any seller in his position logically must have known) of the issues but, despite knowing of them, did not reveal them, then the seller committed fraud. Fraud would provide a basis to sue the seller for compensation, such as the cost to remediate or correct these issues. If the seller did not know, however, he is not liable: you cannot disclose what you are not aware of.
The agent is not liable: the agent had no obligation to disclose (that is the seller's obligation) and also is entitled to rely on what the seller tells them.


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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption