What can I do if someone lied on a real estate disclosure statement?

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What can I do if someone lied on a real estate disclosure statement?

bought home, had inspections and after closing, had plumbing issues, found out there have been major yearly plumbing/sewage problems that the seller answered “no” to on the the disclosure statement they signed. This house was a short sale but the bank hadn’t taken possession yet, but had to approve sale.

Asked on June 27, 2009 under Real Estate Law, New Jersey

Answers:

B. B., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

This is a difficult situation, and under New Jersey law it will depend on the details of the problems and the inspections that were done.  You might be able to sue the seller for fraud, although in some cases you can't do that because you had the inspections done, and the seller might succeed in arguing that you relied on the inspections, not the disclosure statements.  Again, depending on the facts, that might not work for them.  Also, you might be able to recover from the company or companies that did the inspections and missed the problems.  If you sue, you'll have to sue the sellers as well as the inspections, because New Jersey Court rules require that all the possible lawsuits from one situation like this be brought as one case.  One place to find an attorney who can handle this case is our website, www.attorneypages.com


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