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Dwayne B.
Dwayne B., Attorney
Category: Real Estate Law
Satisfied Customers: 33049
Experience:  Began practicing law in 1992
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Fraud concealmeant? I bought a residential property from

Customer Question

Fraud concealmeant?
I bought a residential property from *some govt entity* "as-is". They did limited reno work to make the house presentable which included taking up the up floor and putting down new carpet, new paint, and refacing the cabinets. I'm in a state which doesn't require home inspector licensing. I had an inspection done by an unlicensed inspector. He found no major issues. The floor was noticeably unlevel but no issue was made of that.
After closing, I had the carpet removed because I wanted to lay down wood laminate. It seems that the floor is unlevel due to water damage and the underlayment/subfloor (particle board & plywood) being swollen. There further may be an issue with wood rot behind the drywall.
I understand that fraud concealment requires that the issue couldn't have been discovered by inspection, and that the seller should have known about it. No question about the latter. But the former? Should/could my inspector have known? He would have had to pull up the carpet in choice spots. Can I hold anyone liable here?
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Dwayne B. replied 8 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today.

Your inspector could have known and the fact that the "floor was noticeably unlevel" should have raised the issue in your inspector's mind.

Since you did have an inspector out to look the house over it would be almost impossible to hold anyone else responsible and especially since you made the purchase "as is" so your best chance is to hire a lawyer and then to go after the inspector of failing to check to see what was causing the floor issues. If they had raised it before you made the purchase then you may have been able t ave the seller take care of the problem or given you better price since you're going to have to have work done on the property.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered.

Expert:  Dwayne B. replied 8 months ago.

I am about to sign off for the night. I will be back online tomorrow morning.