How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Barrister Your Own Question
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37868
Experience:  16 years real estate, Realtor. Landlord 26 years
19958803
Type Your Real Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

We just moved into our home and find out we have a leak in

This answer was rated:

We just moved into our home and find out we have a leak in the foundation. Are the sellers responsible for not declaring this or is the home inspector for not finding this at the time of inspection.
Hello and thank you for using JA! My goal is to provide you with excellent service and help with your legal problem.
.
What state is this in?
.
Did the sellers provide you with a "Seller's Disclosure of Property Condition" prior to the sale?
.
Or was this an "as is" sale?
.
Is there evidence that the leak has been there for some time?
.
.
Thanks
Barrister
Customer: replied 4 years ago.

It is in Georgia. We did receive a disclosure statement from the sellers.


It does look look like it has been there for some time. The wood and insulation look like this has been going on for some time.

Ok, then if there is evidence that is has been a pre-existing condition for some time, then the sellers would have known about it. If they knew about it and failed to disclose it on the Seller's Disclosure, that would be fraud and misrepresentation and would give you grounds to file suit against them under a breach of contract claim for the cost of any repairs.
.
As part of any suit, you would need to contact a couple contractors who repair this type of problem and then get estimates. You would also need to get statements from them giving their opinion as to how long the problem had been there. This will support your claim that they knew about it and intentionally failed to disclose it.
.
I would first send written notice to the seller along with copies of the estimates and request that they pay for any repairs since they failed to disclose the problem. They will likely refuse, but this serves the purpose of showing you acted in good faith to resolve the problem before suing.
.
Depending on the cost of the repairs, if it is under $15,000 you can sue in small claims court and don't need an attorney. The court clerk will have the summons and complaint forms you need to file. You can recover any proven damages as well as the court costs of filing the suit.
.

.

.

Thanks.

Barrister

.

If you need further help, just reply to me via the “REPLY” button and I will be happy to continue.

.

I cannot enter into an attorney client relationship, this is a public forum, and all posts are available for public viewing. There is no duty of confidentiality that attaches to any posts. The information provided is not a substitute for a local attorney’s legal advice.

Barrister and 5 other Real Estate Law Specialists are ready to help you

Thanks so much for the positive rating and generous bonus, it is very much appreciated!

.

It was my pleasure to work with you and help with your question. Please feel free to ask for me if you need help with anything in the future and I will do my level best to help or get you to someone who can.

.

Barrister