What can we do about a new home purchase and defects that were not disclosed/discovered?

Get Legal Help Today

 Secured with SHA-256 Encryption

What can we do about a new home purchase and defects that were not disclosed/discovered?

We bought a house about 9 months ago. We were told that we couldn’t get a home warranty. We complained about issues of concern several times and were told they were corrected but they were not. We are paying daily for issues that should have been caught and repaired before the sale. We feel the inspector and realtor and previous owners were deceptive. Can you help?

Asked on July 11, 2017 under Real Estate Law, Florida

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue the seller/previous owner for fraud and the inspector and realtor for negligence.
Fraud is the intentional misrepresentation or nondisclosure of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.
In other words, you would not have bought the house had you known its true condition.
Your damages (monetary compensation you are seeking in a lawsuit for fraud) against the seller/previous owner would be either the benefit of the bargain or your out of pocket loss.
Benefit of the bargain means a defrauded purchaser may recover the difference between the real and represented value of the property purchased regardless of the fact that the actual loss suffered might have been less.
Out of pocket determination of damages for fraudulent misrepresentation permits recovery of the difference between the price paid and actual value of the property acquired.
Negligence on the part of the inspector is the failure to exercise due care (that degree of care that a reasonable home inspector would have exercised under the same or similar circumstances to prevent foreseeable harm).
Negligence on the part of the realtor is the failure to exercise due care (that degree of care that a reasonable realtor would have exercised under the same or similar circumstances to prevent foreseeable harm).
You would file one lawsuit naming the seller/previous owner, inspector and realtor as defendants.
Fraud and negligence are separate causes of action (claims) in your lawsuit.


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