What options do I have in regards to non-disclosure of issues when I bought a house?

UPDATED: Sep 30, 2022

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What options do I have in regards to non-disclosure of issues when I bought a house?

I bought a house in 2014. In October 2016 I put house up for sale. In January
of 2017, DOT came and placed stakes in my front yard. From these same persons I
found out they were planning a highway widening. These same persons stated 2
letters had been sent to previous owners. I obtained copies of letters. Am I
able to sue previous owners for non-disclosure?

Thank you,

Asked on April 11, 2017 under Real Estate Law, Georgia


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If, as you indicate, the prior owners had notice or knowledge of this, a material--or important or significant--condition affecting the value of the property, then the prior owners likely committed fraud by failing to disclose it. (Fraud is misrepresenting--including by omission, when there is a duty to disclose, as there in a real estate sale--something important, which misrepresentation was made to induce, or cause, you to do something, like buying a house.) Based on what you write, you could potentially sue and recover an amount equal to the difference in value between what you paid for the home and what it would be worth with less land, next to a widened highway. You will need a realtor or property appraiser to offer a professional opinion (and be available to testify in court, if necessary) as to the diminution in value, and probably should retain an attorney to help you.

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.

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