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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 37367
Experience:  16 years real estate, Realtor. Landlord 26 years
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I bought a condo a few months ago. And I'm finding problems

Customer Question

I bought a condo a few months ago. And I'm finding problems that the seller did not disclose. Do I have any rights as a buyer.
Submitted: 8 months ago.
Category: Real Estate Law
Expert:  Barrister replied 8 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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Do you have reason to believe that the seller knew about the problems and intentionally didn't disclose them?

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Do you have any evidence that they tried to cover them up?

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thanks

Barrister

Customer: replied 8 months ago.
I do feel they were aware of these problems. They Property mgt. told me that there where issues with the basement for years. Also, why did they coat the walls of the basement with that special kind of paint. And with children sleeping down stairs at the time the home inspection was done. The inspector was unable to check certain things in that area. The owner did disclosed water in the basement due to sump pump issues in the next unit. But said it had been taken care of and had no more problems. Well, there have been problems. The board is charging all owners 2000. for repairs. Along with the reg. fee. There is mold in the floor joists. The next unit has rotted floors as well. When the unit was built they forgot to put drain tiles in the alcove area in front. I had no idea about that either. They want the first 1000.00 by the end of March and the rest before the end of Aug. I paid to have the area next to the patio graded away from the building. But that didn't help much. As water puddles up at the edge of the patio and seems to seep in through the cracks and down through the wall. There are a number of units out here with problems.
Expert:  Barrister replied 8 months ago.

Ok, if you have reason to believe that they knew about the problems and intentionally either didn't disclose them on the seller's disclosure or actively tried to conceal them, then you can sue them for the cost of any repairs under a breach of contract, misrepresentation, and fraud lawsuit.

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So if you are being charged the $2K for repairs and have paid for regrading, then those would be your damages and you could sue them for up to $10,000 in small claims court and don't need an attorney.

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But if it were me, I would probably talk to a local civil litigation attorney to have them start out by sending a "demand letter" to the seller threatening to sue if they don't pay for your damages. Then if they refuse, sue them for your damages and attorney fees as well as punitive damages as this would be intentionally fraudulent if they covered up the problems.

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thanks

Barrister

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