Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

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

Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 2 minutes by:
10/16/2017
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,856
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.

There may be a slight delay in my replies as I am assisting other JA customers also. I will reply to your follow up questions.

WHILE WE ARE CHATTING DO NOT CLICK ON THE BUTTON TO REQUEST A SECOND OPINION. IT WILL LOCK ME OUT OF THE CHAT AND PREVENT ME FROM REPLYING TO YOU.

Ask Your Own Real Estate Law Question

How long ago did you buy the house?

Was there an inspection before closing?

Was the foundation warranted by the seller?

Ask Your Own Real Estate Law Question
Customer reply replied 11 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 11 months ago
Not at this time
Customer reply replied 11 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.

Ask Your Own Real Estate Law Question

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: 39,856
Experience: 30 years of real estate practice experience.
Verified
Loren and 87 other Real Estate Law Specialists are ready to help you
Ask your own question now
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 Loren Your Own Question
Loren
Loren
Loren, Lawyer
Category: Real Estate Law
Satisfied Customers: 39,856
39,856 Satisfied Customers
Experience: 30 years of real estate practice experience.

Loren 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
My HOA is trying to charge me for a Geotechnical Engineer
My HOA is trying to charge me for a Geotechnical Engineer inspection that they authorized due to cracks in walls that I reported in my home. Upon reporting them, they first sent out a contractor who m… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I bought a house. Now I'm finding all sorts of problems that
I bought a house. Now I'm finding all sorts of problems that my house inspection and pest inspection missed and were not really disclosed in the disclosures. For example, the pest inspection did not f… read more
Michael Bradley
Michael Bradley
Doctoral Degree
1,876 satisfied customers
We just recently purchased a house using a VA loan and upon
We just recently purchased a house using a VA loan and upon moving into the home we found that there was extensive water infiltration within the houses structure and foundation. It was not disclosed t… read more
Barrister
Barrister
Lawyer
Doctoral Degree
12,142 satisfied customers
I purchased a home owned by the county Housing Authority (HUD)
I purchased a home owned by the county Housing Authority (HUD) 12 years ago. At the time, when we did our home inspection, it was not disclosed to us that the property had suffered major flooding (the… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,537 satisfied customers
We bought a 4 yr old house & 2&1/2 acres in 12/2010 with intentions
We bought a 4 yr old house & 2&1/2 acres in 12/2010 with intentions of putting in a fishing pond to enjoy with our g-children. We found out a yr later that area was actually a filled in sink hole that… read more
Attyadvisor
Attyadvisor
Doctoral Degree
8,537 satisfied customers
My son bought a house in 2007 in South Charleston and the realator
My son bought a house in 2007 in South Charleston and the realator recommended a firm forthe inspection. The firm was ceretified under the father but the son made and filed the inspection saying the f… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I purchased a 2 family house in New Hampshire 5 1/2 years ago.
I purchased a 2 family house in New Hampshire 5 1/2 years ago. At the time of purchase, there was a small apartment in the basement (not one of the 2 units listed as 2 family), with a stove (gas), sin… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
I am having a problem with my homes foundation. When I purchased
I am having a problem with my homes foundation. When I purchased the house 11 months ago, the disclosure said 10 piers installed south side of the home. I asked what that was and what it meant. They t… read more
FLACORPLAWYER
FLACORPLAWYER
Doctoral Degree
1,750 satisfied customers
My wife and I bought an older house in Georgia about a year
My wife and I bought an older house in Georgia about a year ago and financed it with an FHA loan. About 2 months ago we found out the house is setting on a sink-hole which someone apparently knew abou… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
my family just bought home and it had past inspection .but
my family just bought home and it had past inspection .but i now have found out that my foundtion is sinking ,as is every ones in the neighberhood has structral problems...due to p.p.l.[power company]… read more
MShore Law
MShore Law
Doctoral Degree
1,233 satisfied customers
hi ! my question is, i am doing small remodeling things in
hi ! my question is, i am doing small remodeling things in my house but when we start to work in the flooring to put a new floor we went to the last layer of old wood we open to see the foundation and… read more
lwpat
lwpat
Doctoral Degree
256 satisfied customers
I live in Virginia Beach, VA. I recently purchased a home
I live in Virginia Beach, VA. I recently purchased a home (closed 8/25/10) that has an addition that was added in 2007. There was a notice left on my door that a final electrical city inspection neede… read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I purchased my first home in Feb. 2008. It was a spec home
I purchased my first home in Feb. 2008. It was a spec home from one of the builders in this development that hadn't sold for one year prior to my purchase. When I purchased this home I noticed some la… read more
JBaxLaw
JBaxLaw
Attorney
Doctoral Degree
8,080 satisfied customers
Does a seller have to disclose they have a sink hole in the
Does a seller have to disclose they have a sink hole in the back yard? If so, what rights does the buyer have as far as going back to the previous owners? We purcahsed 4/2007.… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
We live in So. Cal. We purchased a bank owned 50 year old home
We live in So. Cal. We purchased a bank owned 50 year old home from Countrywide (now B of A) using our VA in 2008. 6 months after we moved in we started seeing cracks on the outside walls of the house… read more
LawTalk
LawTalk
Attorney
Juris Doctor
6,208 satisfied customers
We purchased a home back in Aug 2007, had a home inspection
We purchased a home back in Aug 2007, had a home inspection done, and had no foundation issues. In the spring 2008 the city began city sewer and water construction in our area. As a result the living … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
My Grandparents died leaving 3 houses in the estate. I made
My Grandparents died leaving 3 houses in the estate. I made arrangements with estate executor to purchase one house. He told me house was in good condition. I moved from California to Alabama and foun… read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I bought a home 5 years ago as is after buying this home i
I bought a home 5 years ago as is after buying this home i sidcovered that I had 4 differant sewer lines on my property1 When i asked the city about them i was told that the original owner had agreed … read more
Roger
Roger
Litigation Attorney
Doctoral Degree
26,947 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