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I bought an older home. I had a home inspection. I just had…

I bought an older...

I bought an older home. I had a home inspection. I just had the foundation checked and it is sinking. Do I have any recourse on anyone. State of Va

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

State is VA. city of Galax

Lawyer's Assistant: Has any paperwork been filed?

I am getting an evaluation sent to me vis email

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

Not at this time

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Answered in 2 minutes by:
10/16/2017
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,326
Experience: 30 years of real estate practice experience.
Verified

Thank you for using JA. I am Loren, a licensed attorney for over 30 yrs., and I am here to help.

I am a certified expert on JustAnswer since 2009, with nearly 100% in 5 star ratings. So, we should be able to work through your problem.

I appreciate your patience as I review your question. I will post my response shortly.

This is general information and no attorney client relationship is established.

The site may ask you if you wish to speak by phone for an extra charge. Many find the phone call to be the easiest and fastest way to get the information they need without posting on a public forum. I am also happy to continue online.

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How long ago did you buy the house?

Was there an inspection before closing?

Was the foundation warranted by the seller?

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Customer reply replied 8 months ago
I went to settlement on 31 July took possession on 1 August. I had a home inspection done before settlement and paid $300 to the inspector. NO home owner warranty nothing was warrented
Customer reply replied 8 months ago
Not at this time
Customer reply replied 8 months ago
IS there anything else you need to know?

Thank you for the additional information. Give me a moment to type an answer. It will post shortly.

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I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.

If you did not receive a warranty from the seller then you would need to prove fraud to recover from your sellers. That requires showing actual and intentional misrepresentation to induce you to buy the property.

You can also file a negligence or breach of contract action against your inspector if they inspected the foundation and certified it in good condition. However, you will want to check the contract with the inspector for any limitations on recovery.

Otherwise, it may be a difficult claim to take to trial against the inspector or seller, but you may be able to leverage a settlement in the course of the suit so that at least some of the repair is covered by the other parties.

I am sorry. I wish I could tell you otherwise, but I do not want you spinning your wheels on this.

If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.

There is no additional charge to you for rating me favorably.

Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 38,326
Experience: 30 years of real estate practice experience.
Verified
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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).

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