Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.
Did the seller misrepresent the condition of the roof? Do you have reason to believe they failed to disclose a known defect in the structure?
Thank you for the additional information. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
The seller is liable to you for the damages if they intentionally and knowingly failed to disclose the condition of the roof or intentionally misrepresented the leakage from the roof.
If you can prove that then you can recover the damages from them. You can sue in small claims court. Small claims court is designed to be "user friendly" so that you can present a claim without an attorney. Also, it moves much more quickly than regular court. You can get the necessary forms to start from the clerk of the court.
In order to place a lien on any of the seller's assets you would first need to obtain a judgment against them.
I realize this is probably not the answer you were hoping to receive. Also, please remember that this is not a moral judgement on my part. As a professional, however, I am sometimes placed in the position of having to deliver news which is not favorable to a customer's legal position, but accurately reflects their position under the law. I hate it, but it happens and I only ask that you not penalize me with a bad or poor rating for having to deliver less than favorable news.