On this website, I do not always get to give good news, and this may be one of these times.
First, understand the following: Relief for an injury/injustice is typically sought via a pleading citing one or more causes of action in Court. To sue in a state court, one needs to have a "cause of action." There are numerous causes of action, such as "breach of contract," "negligence," "fraud," "unjust enrichment
," etc., as well as causes of action rooted in statutory law. Every state has their own although they are very similar to each other in every state because they all stem from the same common law. A pleading in Court needs at least one
cause of action, although it is not unusual to have more than one.
1) Now, the seller must disclose all known material
defects. The water damage to a rug is not
a material defect. I am afraid that the Court is unlikely to see this as a failure to disclose matter, since this is not really
a material matter (as opposed to say, a decrepit staircase).
2) A property has two types of items: chattel and fixtures
. Chattel is temporary - it may be moved without causing damage. Chairs, tables, some lamps, etc. Chattel is not part of a real estate
sale unless specifically stated otherwise in the contract. Fixtures are items that cannot be removed without causing injury to the property and are meant to be permanent. A/C unit, a new deck, etc. This is part of the real estate property and is included in the sale. The CARPET is chattel. As such, it is not included in the sale unless specifically stated that it is included. I am going to assume it was not. Nor was the surround sound system.
3) Therefore, you cannot hold the seller liable for items that they really did not have to leave (carpet - stain, system - taken) since these were CHATTEL and not part of the sale unless specifically stated in the contract.
4) However, you may be able to sue the Realtor for NEGLIGENCE due to her failing to include that in the contract despite the repeated and clear communication by you to do so and her telling you she will but never even attempted to.
5) Now the base boards - that may
be actionable against the seller but if you had an inspector walk through, the inspector SHOULD HAVE NOTED THAT. If they did not, one has a stronger action for NEGLIGENCE against the inspector for failure to see that than against the seller for non-disclosure.
This being a VA loan does not make a difference one way or another re: the above.
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