I am located in Nevada.I don't want to disclose too many details in a public forum, but bot***** *****ne I've found there may be an expensive undisclosed defect in a property I purchased in 2001.This particular issue should have been disclosed on my seller real property disclosure, but was not. The issue is that I cannot find any of my paperwork from the transaction since it's 13 years old. I've already contacted the escrow company and my RE agent/broker. Nobody has any records since they seem to keep them for 5-7 years and then shred.My question is: If I was to pursue a claim against the person who sold me the property, am I dead in the water if I cannot locate the seller real property disclosure form from the transaction? If I claim there is an undisclosed defect, is the onus on me to prove they didn't disclose, or is the onus on them to prove they did disclose?I feel pretty confident there is adequate evidence to show the seller knew of the issue (they originated it) and can prove it was in place prior to me purchasing the home.My cost to fix is probably $30,000'ish.
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