I can understand your pain. It is always difficult to tolerate damage to a newly bought house specially if the damage was existing and it was not disclosed.
There is a common mistake on the part of the buyer regarding query against termite inspection. Many give lesser importance to it and do not ask regarding this matter. That does not mean I am finding your fault. I am just trying to make you cautious as a friend.
The seller should disclose all the facts to you. Termite inspection problem is no exception. He should have given you the total report regarding termite inspection to disclose if there was any problem.
I would advice you to consult your attorney and see a way to file a case against the seller. I believe he can certainly find out a way for you to claim the damage.
Posted: Mon Nov 21, 2005 10:07 am Post subject: RE
Hi Jo
You have a claim against the seller for his failure to disclose this item to you. Almost all the states have the seller disclousre laws that require that the seller should disclouse all the defects to the buyer. All the major problem need to be told before selling it.
You should talk to the attorney that can litigate this matter on your behalf or file a claim against the seller in small claims court.
A property is the biggest investment in a man's life. So it is better for a buyer to have a thorough inspection himself under some professionals. There should not be any hidden corner left out.
But the seller has responsibility towards it too. So, legally he should have disclosed it to you.
But there is one problem. It is difficult to sue a seller for not disclosing to any problem unknown to him because of inaccessibility. He is liable for disclosure of known problems.
So, you must choose an experienced and appropriate attorney for the case who may bring the case in your favor.
See, what other community members have said is absolutely correct. You must go the attorney straight away and consult him as you have the right to claim against him. Under seller disclosure law, all the items should be listed and if someone is violating that, then he is liable to pay for it.
I am preety much confident that the attorney general will assist you in this matter.
Posted: Mon Nov 21, 2005 7:39 pm Post subject: RE:
Hi,
You need not worry Jo. Although the copy of the inspection shows termite but since it was not disclosed on sellers disclosure, talk to an attorney and explian him your situation. He is the one who can help you at this point of time.
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