How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 24601
Experience:  14 years real estate, Realtor. Landlord 24+ years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

We bought a home four years ago. We have uncovered numerous

Resolved Question:

We bought a home four years ago. We have uncovered numerous problems with the home that were clearly covered up and/or not disclosed to us when we bought the home. We have witnesses who can testify of the problems that the seller unquestioningly knew, the most important one being that a section of the roof collapsed and the seller requested that the roof be made to look as if it was okay, when a permanent fix was not done. We know the person who personally made the inspection and has only recently fessed up to not being honest in his assessment of the condition of the roof, at the sellers request. This same person has estimated that the total repairs needed for the roof will be at least $20,000 dollars. There are numerous other repairs that the seller was negligent to mention, each of which were there before we bought the house, evidenced by the visible age of the problems. For example, the seller installed new pad and carpeting throughout the house, including the bathrooms. During the first year we occupied the home, in the process of replacing a leaky sink, we pulled up the carpeting in one bathroom and discovered that the floor underneath was in very poor shape, a large section of it visibly rotting from long term water damage. We initially considered the time and cost of a lawsuit and decided it wasn't worth it. As time has gone on and the problems continued to pile up, we wished we would have done something sooner.
I was advised to look into the state statute of limitations, and in doing so I am not able to clearly identify what category our situation falls into, as far as how long we have (or did have, if that time has expired) to file a lawsuit against the seller. We are in a position now where we need to move, and cannot sell our home for what we owe because of it's obvious problems, and because of this we are facing a short sale and the potential financial ramifications on our taxes next year.
Is there anything we can do at this point? I don't know how to navigate and make sense all the legal terminology regarding this. We live in Kansas.
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Barrister replied 1 year ago.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
When did you first become aware of the problems and defects that were covered up?
.
Did the seller provide a Seller's Disclosure that intentionally omitted any defects or repairs that were done that covered things up?
.
.
Thanks
Barrister
Customer: replied 1 year ago.
Thank your for your prompt reply. We started finding problems within the first year of living in the home, in 2009. We only just became aware of the severity and cost of the roof problem within the last six months.

I've looked through all my paperwork associated with the sale of the home, and cannot find a sellers disclosure. It's possible we have misplaced or were never given a copy if one did exist, as I remember seeing a disclosure about the existence (or lack of) lead based paint signed by the sellers, but it is not amongst the paperwork. I wonder if is still possible to request copies of all the original paperwork, depending on how long the title company is required to keep files in their possession.
Expert:  Barrister replied 1 year ago.
Ok, the statute of limitations in Kansas for breach of contract is 5 years. So you might be able to squeak in under the SOL if you didn't find the defects over 5 years ago. If you can get evidence that they intentionally covered up defects and repairs, then you could maintain a suit for breach of contract based on fraud and misrepresentation. The lead based paint disclosure LBP is different from a Seller's Disclosure. A Seller's Disclosure is usually a two page or longer form where the seller goes through and notes whether they are aware of any problems, current or past with major systems like roof, plumbing, structural, electrical, etc. If they didn't provide one, then they may have sold the house "as is" and didn't warrant anything.
.
This makes the case a little harder, but would still allow you to pursue a claim for fraud and misrepresentation if you can get proof that they intentionally covered things up so you wouldn't be able to discover them with a reasonable inspection.
.
The problem with this is that you would need to hire an attorney to file the suit for you and would likely be looking at $5K up front to get an attorney interested enough to take the case. So you would have to weigh this against the proof that you have to see if you felt that you had strong enough proof to make your case.
.

.

.

Thanks.

Barrister

.

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 24601
Experience: 14 years real estate, Realtor. Landlord 24+ years
Barrister and 11 other Real Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.
 
 
 

Related Real Estate Law Questions

Chat Now With A Real Estate Lawyer
Barrister
Barrister
Attorney/Landlord/Realtor
6545 Satisfied Customers
14 years real estate, Realtor. Landlord 24+ years