If we purchased a log home 15 months ago but there has been problem with a carpenter ant infestation, do we have any legal action that can be taken against the previous owners?

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If we purchased a log home 15 months ago but there has been problem with a carpenter ant infestation, do we have any legal action that can be taken against the previous owners?

The previous owners offer a limited home warranty that has since expired. At the time of purchase we knew that the home needed a new roof. We found out over the summer that there has been leaking issues for years and today we found out that part of a wall log wall has been infested with carpenter ants. According to the log restoration expert, the ants have been eating this wood for years. Initially when the log expert came in he asked why someone had put clear caulking in between the logs. His assumption is that this was done to stop the water from running down the walls.

Asked on September 28, 2015 under Real Estate Law, Indiana

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If, as seems likely from what you write, the previous owners knew or under the circumstances, reasonably must have known--i.e. there's no reasonable way someone in their position would not know about the ants but didn't disclose them to you, they may have committed fraud. If so, you may be able to recover compensation, such as the cost of repairs and/or comprehensive extermination. d on what you write, it would be worth your while to consult with a litigator attorney who handles lawsuits about the situation, to evaluate in detail whether under the facts of this situation you have a case, what it might be worth, and what it might cost to pursue it you can then make an informed decision as to whether to file a lawsuit or not.


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