What rights do new home buyers have after closing on a house regarding problems that were not disclosed by the previous owners or the inspector?

UPDATED: Jun 22, 2009

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What rights do new home buyers have after closing on a house regarding problems that were not disclosed by the previous owners or the inspector?

We’re first time home buyers in Ks. After moving in, we’ve found problems that were not noted in the inspection. The most significant being the concrete patios and yard sloping downward toward the foundation of the house. This causes significant water collection in these areas. We took possession of the house on 5/31/09. Any help you can give would be greatly appreciated. Thank you very much,Sherry

Asked on June 22, 2009 under Real Estate Law, Kansas


J.M.A., Member in Good Standing of the Connecticut Bar / FreeAdvice Contributing Attorney

Answered 13 years ago | Contributor

I am a lawyer in CT.  Unfortunately, the problems that you describe are not generally on the real estate disclosure form.  Also, you have the right as a buyer to perform all types of surveys or engineering reports and so forth.  Did your lawyer ever advise to you conduct any additional inspections?  If the water flow is natural there is not a whole lot you can do.  You can try to file/threaten to file  a lawsuit for misrepresentation, but there court would probably not rule in your favor.  I would find out what the cost to remediate the problem is and ask the sellers to split it with you.  The will probably refuse, but you do not have a lot of options if the disclosure report did not have this in there.

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