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Richard
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 46221
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Can a home buyer sue the seller 1.5 years after closing (Texas)...All

Resolved Question:

Can a home buyer sue the seller 1.5 years after closing? (Texas)...All alleged issues regarding seller non-disclosure were listed in the buyers home inspection report.
Submitted: 3 years ago.
Category: Real Estate Law
Expert:  Richard replied 3 years ago.

Good afternoon. They buyer can sue, but in order to prevail he is going to have to prove the seller either knew or should have known about something materially adverse about the property and failed to disclose it. If they were not, and the items were in the inspection report, then the buyer will have a difficult time either proving they were material or they wouldn't have closed or were damaged because they didn't know about them.

 

 

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The information given here is not legal advice. As all states have different intricacies in their laws, the information given is general only. This communication does not establish an attorney-client relationship with you. I hope this answer has been helpful to you.

Customer: replied 3 years ago.
one more thing..the neighbors next door to the house in question told the buyers about water drainage problems...I, as POA for the seller didn't have any idea about it...my mom is incapacitated and has been for over 3 years...the buyers are saying that "seller knew of issues"...I didn't, but I guess the neighbors did...all of these issues again are listed in the inspection..
Expert:  Richard replied 3 years ago.
Then, you need not worry. Unfortunately, you can never keep someone from suing. The whole crux of the seller disclosure is to protect the buyer from buying a house with issues the buyer doesn't know about and if he knew about he wouldn't close. Because the buyer knew about all these issues and closed anyway, the buyer will not prevail.
Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 46221
Experience: 32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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