Real Estate Law

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

Ask a Lawyer,
Get an Answer ASAP!

Yesplease. I just bought a condo 3 weeks ago. I had a home…

Customer Question
I just bought a...

I just bought a condo 3 weeks ago. I had a home inspection he said everything was good and he would buy it. I knew the heater was old but only bought it knowing that the owners gave me a home warranty on appliances. long story short I just found out today I have mold all in the duct system and the vent guy came today to check it out and said it all has to be replaced. I'm devastated.

Lawyer's Assistant: Where is the condo located?

Sewell NJ 08080

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

I called warranty company and they said they don't replace it. I called realtor she said I bought it and its my issue. I'm told I can't put it under home insurance. Is there anything I can do?

Submitted: 5 months ago.Category: Real Estate Law
Show More
Show Less
Ask Your Own Real Estate Law Question
Answered in 7 minutes by:
11/16/2017
Real Estate Lawyer: Barrister, Lawyer replied 5 months ago
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,151
Experience: 17 years real estate, Realtor. Landlord 26 years
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

To be honest, you are kind of stuck here if the seller had no knowledge of the issue so didn't disclose it. And if they have mold in the ducts, they would only potentially know about it if they actually looked inside the ducts, which no one really does... And if they maintain that they had no idea, there is not really any way to prove they knew..

.

As for the home inspectors, they have iron clad contracts that say that they aren't liable if they miss something that isn't obvious and that the home inspection is just their best guesstimate of condition. So you likely wouldn't have a recourse there either.

.

The thought does come to mind that this might be a sales pitch by the vent guy... so I think I would want to actually see what they are talking about and maybe have a mold test done before I ripped out what might be perfectly fine ductwork based on the duct guys assessment..

.

I am very sorry that I don’t have better news, but please understand that I do have an ethical and professional obligation to provide customers with legally correct answers based on my knowledge and experience, even when I know the answer doesn’t make the customer happy...

.

.

Barrister

Ask Your Own Real Estate Law Question
Real Estate Lawyer: Barrister, Lawyer replied 5 months ago

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Ask Your Own Real Estate Law Question
Was this answer helpful?
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 41,151
41,151 Satisfied Customers
Experience: 17 years real estate, Realtor. Landlord 26 years

Barrister 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:

Tina

Tina

Lawyer

5,436 satisfied customers

17 years of legal experience including real estate law.

Barrister

Barrister

Lawyer

41,151 satisfied customers

17 years real estate, Realtor. Landlord 26 years

Infolawyer

Infolawyer

Lawyer

7,785 satisfied customers

Experienced lawyer

Ray

Ray

Lawyer

7,559 satisfied customers

Texas Attorney for 30 years dealing in real estate

LawTalk

LawTalk

Attorney

6,207 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

4,925 satisfied customers

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

< Previous | Next >

Related Real Estate Law Questions
I hold a WARRANTY DEED that is granting ownership of a house
I hold a WARRANTY DEED that is granting ownership of a house and property to my brother my sister and myself dated 4 MAR 2004 in the state of Indiana. My sister has since relocated out of state. Do I … read more
LawGuy
LawGuy
Juris Doctor
123 satisfied customers
In live in texas and have general warranty deed with
in live in texas and have general warranty deed with vendor's lien can i sell the property … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
Before our father died he had a warranty deed filed, without
Before our father died he had a warranty deed filed, without our knowledge, which transferred the ownership of a timeshare into our names. We did not find this out until he passed away. We did not rec… read more
Barrister
Barrister
Lawyer
41,151 satisfied customers
Is a loan on real estate legal without a general warranty
Second opinion] Is a loan on real estate legal without a general warranty deed, only a quick claim deed?… read more
Barrister
Barrister
Lawyer
41,151 satisfied customers
Is a loan on real estate legal without a general warranty
Is a loan on real estate legal without a general warranty deed, only a quick claim deed? … read more
Barrister
Barrister
Lawyer
41,151 satisfied customers
If a home buyer did not request a home inspection, is the
If a home buyer did not request a home inspection, is the seller responsible … read more
Barrister
Barrister
Lawyer
41,151 satisfied customers
Reading through a warranty deed, there is a clause that says
Reading through a warranty deed, there is a clause that says "Excepting and Reserving unto the Grantors, their successors and assigns all of the oil, gas and all other minerals in, under and that may … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
What home inspection items and repairs qualify for the
What home inspection items and repairs qualify for the estate to pay when one sibling "buys" the other sibling's share of the house? Buy is in quotations because the estate will be distributed, with o… read more
Lori
Lori
Juris Doctor
1,101 satisfied customers
I need to prepare a special warranty deed transferring title
I need to prepare a special warranty deed transferring title from my husband and I and our unmarried daughter to just my husband and I. Problem is she is now married and not single anymore. How would … read more
TaxAttorneytoHelp
TaxAttorneytoHelp
Owner
Doctoral Degree
2,542 satisfied customers
I have a question about a home builder voiding my warranty
I have a question about a home builder voiding my warranty and how to move forward with my issue with them. … read more
LegalGems
LegalGems
Juris Doctorate
11,587 satisfied customers
I have a question regarding my home warranty. Texas. Not
The issue is that we have had a roof leak since last August. The builder has sent out a sub-standard roofer to repair 3 times since August and it is still leaking. I have now had a professional roofer look at the problem and told that installation of the roof in that section of the roof is wrong. Builder refuses to fix roof properly. What can I do?… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 satisfied customers
On my warranty deed it specifies the following: “Subject to
On my warranty deed it specifies the following:“Subject to taxes for the second half of 1993, payable on November 1994, and subject to taxes payable thereafter. Taxing Unit: Washington-Outside.”Marion… read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
I purchased a house on December 1, We did an home inspection
I purchased a house on December 1, We did an home inspection and ask about a tape are on the ceiling It was stated a old spot from the washer leaking but no other damage. We moved into the home on Dec… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Ray I located the Warranty Deed and Title Insurance
Ray I located the Warranty Deed and Title Insurance agreement that indicated in writing on the Warranty Deed that the release of mortgage dated for 1970 must be paid by final closing with the proceeds… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,724 satisfied customers
Furnance faied in my rental home, it is under warranty,
Furnance faied in my rental home, it is under warranty, damage was frozen pipes, who is responsible for repair costs … read more
Ray
Ray
Lawyer
Doctoral Degree
7,559 satisfied customers
TennesseeHad home inspection done. Did not see due to no
TennesseeHad home inspection done. Did not see due to no rain. Was not disclosed in disclosure sheets. Rained yesterday. Seeing prior water spots showing thru newly painted ceilings thruout several ro… read more
Attyadvisor
Attyadvisor
Doctoral Degree
7,724 satisfied customers
Not exactly real estate law question. I have a home warranty
Not exactly real estate law question. I have a home warranty and requested repair on my AC unit in April. The home warranty company sent a contractor out. The short version is after 7 trips and 7 week… read more
Barrister
Barrister
Lawyer
41,151 satisfied customers
I recently purchased a townhome with a home warranty. I had
i recently purchased a townhome with a home warranty. I had an inspection. Haven't moved in yet, while painting noticed 2 toliets broken, 1 tank totally cracked, 1 leaking. Warranty refused to cover s… read more
Infolawyer
Infolawyer
Lawyer
Doctoral Degree
7,785 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