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CalAttorney2
CalAttorney2, Lawyer
Category: Real Estate Law
Satisfied Customers: 10238
Experience:  I am a civil litigation attorney with experience representing HOAs, homeowners, businesses and others in real estate matters.
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Last October my wife and I bought a 15 year old home in

Customer Question

Last October my wife and I bought a 15 year old home in Reflections Village. After moving in we learned that this development is known for settling earth, causing damage to home structures. We were not informed by the seller or their agent although there is valid reason to believe they knew. We have a remedy quote of $24,000 and believe seller (and others) bear responsibility. Could we expect a successful litigation? Are you interested?
Thanks, ***** ***** Spies
Address: 26 Oak Village Dr., Ormond Beach
Phone:(###) ###-####
Email:***@******.***
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  CalAttorney2 replied 9 months ago.

Dear Customer,

This kind of non-disclosure suit is generally viable (for the amount in question, your attorney is probably going to try to help you get a settlement through early settlement negotiations or mediation as opposed to pushing the matter through an expensive trial), but you can probably get something out of it.

The hard part with any fraud claim is proving that the individual had actual knowledge (the seller is the primary defendant here, not their realtor, although they usually end up getting sued too). However, with soil compaction issues there are usually very obvious signs of defects that arise that would put the seller on notice (cracks in stucco, concrete, misaligned doors, cracks in interior drywall, broken windows (in severe cases), etc. that would at a minimum put the seller on notice that there is an issue.

Unfortunately, the terms of use for this site prohibit us from accepting or soliciting clients through this site, but we can provide you with resources to locate local civil litigation attorneys that can represent you.

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly).

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