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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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I bought a home. It's almost a yr. did not know the problem

Customer Question

I bought a home. It's almost a yr. did not know the problem until 2 months ago because I bought it stayed 2 months left. When I came back. I found out the dock was not up to code and the pool is sinking into the ground. Neither the owners or realtors that said they had inspection for me disclosed. Do I have a case to take them to court
Submitted: 22 days ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 22 days ago.

Hi! I will be the professional that will be helping you today. I look forward to providing you with information to help with your question and concern

Expert:  RealEstateAnswer replied 22 days ago.

When buying the home, did you have an inspection done? Was any due diligence performed to check these things out?

Customer: replied 22 days ago.
my realtor had inspection. The owners told me they never had any problems with pool being close to lake. They were supposed to get the dock up to code. But only put a few boards down
Expert:  RealEstateAnswer replied 22 days ago.

Was the issue with the dock included in the contract? Prior to closing, was the dock inspected and made sure it was up to code?

Customer: replied 22 days ago.
Customer: replied 22 days ago.
I'm just looking for a response here
Customer: replied 22 days ago.
I do not want a phone call I'm just looking for an answer to my question
Expert:  RealEstateAnswer replied 22 days ago.

Not a problem

Expert:  RealEstateAnswer replied 22 days ago.

Prior to closing the dock should have been inspected against to make sure it was up to code, as agreed. If it was not inspected and checked out, then you may have waived your right to go after them, since the home was likely sold "as is" and you took it, along with the dock, in its current condition. Moreover, if there were issues with the pool, the inspection should have revealed them. You shared that there were no issues reveled, so unless you can show they knew about this and hide them, and as a result, the inspector could not find issues, it may be hard. Based upon what you shared above, to try and go back and sue the seller almost a year after you bought the home, is going to be hard to do. It is possible that the issue with the pool occurred after you bought it and if the dock was not up to code, it should have been brought up to code prior to close and checked out. It should have closed, if there were issues and problems, which the seller was supposed to cure.

Expert:  RealEstateAnswer replied 22 days ago.

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