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Thelawman2, Lawyer
Category: Real Estate Law
Satisfied Customers: 1505
Experience:  Attorney-at-Law
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In the process of purchasing a mobile home - had agreed upon

Customer Question

In the process of purchasing a mobile home - had agreed upon a price after inspection - put up a down payment also - recently I discovered there is significant damage by termites in one of the rooms, having it inspected by termite specialist tomorrow - supposed to close next Friday - home inspector missed the termites totally - do I have any recourse with the buyers at this point? Thank you
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Thelawman2 replied 10 months ago.

Hello, my name is ***** ***** I will be helping you today.

There are multiple possible avenues of recourse here.

First, the fact that the realtor stated there were not any termites can be used as a representation. This representation turned out to not be true. Whether or not they knew it was false, they made a statement that was incorrect, and as a result, you have grounds to sue for the cost of repairing the damage done by the termites.

Second, let alone the fact that the representation was made, if the sellers knew that there were termites and didn't tell you, this would also be grounds for suing for damages due to misrepresentation.

Finally, you may also have a potential lawsuit against the home inspector if they should have caught the termite damage but failed to do so. This would be similar to a malpractice claim in which the inspector is held responsible for any damages that a reasonable inspector performing their job should have caught.

Your first step is to raise these issues with the sellers and tell them that you want a decrease in the cost of the mobile home for the amount to repair the damage. And tell them that if they fail to do so, you will take them to court to recover the damages. If the damage is unrepairable, you should tell them that you will not be purchasing the home and that you will also be suing to recover your down payment.