Real Estate Law

Have real estate law questions? Ask a real estate lawyer.

Ask a Lawyer,
Get an Answer ASAP!

I purchased a house in Beavercreek OH in March 2017. After…

Customer Question
I purchased a house...

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?

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

Ohio

Lawyer's Assistant: Has any paperwork been filed?

No

Submitted: 1 year ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
9/11/2017
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 year ago
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 15,634
Experience: Licensed to practice before state and federal court
Verified

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.

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Legal Eagle, Lawyer replied 1 year 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.

Ask Your Own Real Estate Law Question
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a real estate lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Legal Eagle Your Own Question
Legal Eagle
Legal Eagle
Legal Eagle, Lawyer
Category: Real Estate Law
Satisfied Customers: 15,634
15,634 Satisfied Customers
Experience: Licensed to practice before state and federal court

Legal Eagle is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help.

Mary C.Freshfield, Liverpool, UK

< Previous | Next >

Meet the Experts:

Barrister

Barrister

Lawyer

12,142 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

8,377 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

8,253 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,208 satisfied customers

I have 30 years legal experience. Additionally, in CA I held a Real Estate Broker's license.

Dimitry Esquire

Dimitry Esquire

Attorney

5,526 satisfied customers

JA Mentor, multiple jurisdictions, specialize in business/contract disputes, estate creation & admin

Ely

Ely

Counselor at Law

4,998 satisfied customers

Qualified attorney in private practice including business, family, criminal, and real estate issues.

P. Simmons

P. Simmons

Lawyer

3,572 satisfied customers

12+ yrs. of experience including real estate law.

< Previous | Next >

Related Real Estate Law Questions
Here's my question.. I am currently in the process of buying
here's my question.. I am currently in the process of buying the home that I have been renting for the past 3 years. Last week I had the inspection done, and a leak was found in the kitchen ceiling co… read more
Attorney Wendy
Attorney Wendy
Member
Juris Doctorate
1,702 satisfied customers
I live in Las Vegas, NV. And recently purchased a home in a
I live in Las Vegas, NV. And recently purchased a home in a community with an HOA. Prior to this purchase the home was inspected and all HOA matters were verified as cleared. Four months after close a… read more
DamienJD
DamienJD
Attorney
Doctoral Degree
5,591 satisfied customers
Various defects found after home bought. These were not in
Various defects found after home bought. These were not in disclosure and not found by the general inspectors. Issues are: (1) Broken under-ground gutter pipe that causes water to flow from corner fou… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
8,377 satisfied customers
We were scheduled to close on a home on September 7. I set
We were scheduled to close on a home on September 7. I set utilities in our name to continue service and avoid disconnect/reconnect fees on the same date as the seller's cancellation. Closing was dela… read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
I purchased a house in April 7th this year. The house was
I purchased a house in April 7th this year. The house was inspected with no major problems. The seller lived in the house until the closing day with young kids. In visible areas, the house looked clea… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
,I'm writing as I closed on an "as-is" foreclosure
Hello, I'm writing as I closed on an "as-is" foreclosure home in Florida in February 2015. Prior to closing, the inspection uncovered two major issues; a roof in need of replacement and a structural c… read more
Irwin Law
Irwin Law
Juris Doctor JD
7,191 satisfied customers
If you find out that the former owner of a property that you
If you find out that the former owner of a property that you purchased did not disclose information to you, what can you do?… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I purchased a existing home that is 40 years old. On the disclosure
I purchased a existing home that is 40 years old. On the disclosure the seller stated there was a crack in the basement that occasionally leaked. Part of the contract was for the crack and leak to be … read more
Ray
Ray
Lawyer
Doctoral Degree
8,253 satisfied customers
I purchased my home in Jan 2009 and am now experiencing leakage problems and damage in the
I purchased my home in Jan 2009 and am now experiencing leakage problems and damage in the attic. The roof was not done properly and as a result there is water leaking from the attic to the basement. … read more
Dimitry Esquire
Dimitry Esquire
Attorney
Doctoral Degree
5,526 satisfied customers
I and my wife purchased a home at in Arroyo Grande (AG), CA
I and my wife purchased a home in Arroyo Grande (AG), CA in June, 2010 where we intend to live sometime this summer. In the meantime, we're renting it through Signature Properties in AG. The recent he… read more
evanesq
evanesq
Managing Attorney
Doctoral Degree
6 satisfied customers
I purchased residential real estate on July 23 in Indianapolis
I purchased residential real estate on July 23 in Indianapolis (the house was built in 1891). Approximately a month after living there, I discovered a non-disclosed issue (the shower leaks outside the… read more
Law Pro
Law Pro
Doctoral Degree
19,000 satisfied customers
Shortly after purchasing a house, which had passed inspection
Shortly after purchasing a house, which had passed inspection without a problem, I discovered several issues with the house. First off the roof had been poorly repaired leading to a leak into the wall… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
Hi, from Morgantown, WV one more time ) a question, this time
Hi, from Morgantown, WV one more time :) a question, this time about the seller's disclosure. For the second time I missed an opportunity to buy a house due to a strange practice here. Sellers do not … read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,847 satisfied customers
my wife and i are under contract for a short sale, we signed
my wife and i are under contract for a short sale, we signed the contract in march 09, we signed an extension in september 09. We understand that a short sale is "as-is", but during the course of the … read more
KUMI95
KUMI95
Attorney
Doctoral Degree
17 satisfied customers
The property adjacent to my rental property (my former home)
The property adjacent to my rental property (my former home) has a patio that is cracked and falling apart. Below my neighbors patio is my retaining wall which is slopping and bowing. I viewed the pro… read more
BizAttorney
BizAttorney
Attorney
Doctoral Degree
1,658 satisfied customers
I recently purchased a condo that had extensive water damage
I recently purchased a condo that had extensive water damage in the basement which I immediately repaired as a common wall's integrity was questionable and to avoid further damage, I repaired. Water c… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
Where does seller liability end As a seller, I closed on my
Where does seller liability end? As a seller, I closed on my house in Dec. On form 17 (disclosures) I disclosed the basement had previously leaked due to extreme weather conditions. An exterior pipe h… read more
Phillips Esq.
Phillips Esq.
Attorney
JD
20,847 satisfied customers
We contracted for a house in Ohio in April, signed the papers
We contracted for a house in Ohio in April, signed the papers in May (May 23rd) and moved in June 24th. Now I find I have major plumbing problems requiring walls to be torn down to find the pressure p… read more
rvlaw
rvlaw
Judge
Juris Doctor
3,203 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x