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Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 5283
Experience:  Licensed to practice before state and federal court
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I purchased a house in Beavercreek OH in March 2017. After

Customer Question

I purchased a house in Beavercreek OH in March 2017. After the pool was opened I discovered it had a crack, which was not disclosed. The water all leaked out of the pool this summer. The crack repair is $5K and a retaining wall is needed to prevent further damage. Do I have a case?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Ohio
JA: Has any paperwork been filed?
Customer: No
JA: Anything else you want the lawyer to know before I connect you?
Customer: no
Submitted: 1 month ago.
Category: Real Estate Law
Expert:  Legal Eagle replied 1 month ago.

Hello! I am a licensed attorney, admitted to practice in state and federal court. I have a nearly 100% satisfaction rating so all that means is that you can count on me to help today. Do you mind if I take a moment to review your question?

Please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only. Additionally, most people believe a phone call is the easiest and most efficient way to handle problems. Accordingly, you will receive an automatic phone call request. If you would like a phone call, please click “Accept” when prompted.

Expert:  Legal Eagle replied 1 month ago.

I’m sorry to hear about your situation. It is possible that you have a case against the home inspector and the buyer under two conditions. The first condition is whether this is going to be considered a material defect that they did not disclose at the time of sale. A material defect is something that substantially affects the value of the home. Whether it’s material will be something that you would have to argue with the other side and in court, potentially. Also, the other issue is whether the buyer and seller knew of this defect. If they knew of this defect and sold the house anyway, then they could be held liable for breach of contract and/or fraud. Also, against the inspector specifically, you may have a cause of action for negligence for failing to discover something that would have come up during their routine inspection of the property. You may be able to recover the $ that you had to pay as a result.

Also, although I provided an initial answer, it’s important that you are 100% satisfied. If you feel I have done so, please rate me 5 stars and let me know if you have any follow up questions. As a side note, you can also click here in the future to request me individually.