Who is responsible for water damage and a big hole in the wall that was covered up by the seller?

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Who is responsible for water damage and a big hole in the wall that was covered up by the seller?

You can see outside through this hole but the seller had it covered up with a couch and other furniture. The only thing stated on the disclosure form was that there were some warped tiles. The home inspector missed it, the FHA inspector missed it and so did my real estate agent and myself. The wood is rotted and where the water has

came through the wall. It’s a mess and the sellers agent, as well as my agent have

been no help whats so ever. The seller had 2 dogs outside and therefore, neither

inspector actually went outside to check the structure or they would have seen it.

What can I do?

Asked on November 12, 2018 under Real Estate Law, Utah

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

When a seller fails to knowingly disclose a material defect in their home, then they have committed fraud. Proof of this would be demonstrated by the cover up of the hole in the wall. You have cause of action for the cost or repair against the seller and possibly the seller's agent and home inspectors.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If--as appears certain from what you write--the seller knew of the damage and not only failed to disclose it but actively concealed it, the seller committed fraud (misrepresentation, or lying about, a material, or important, fact). Fraud provides a basis to sue the seller and recover compensation, such as the cost to repair.


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