What recourse (if any) do you have if you discover an undisclosed defect after you close on a home?
I guess it depends on where you live an state law. In my state, you have 2 years to sue. If it was something that they should have disclosed in the state disclosure document or mislead you about, then you have the grounds to sue them. Just make sure you can recover enough after lawyer fees to make it all worthwhile.
I used to be a Realtor. About the only recourse you have is to threaten to sue and hope that the sellers will reimburse you for the cost of repairing the undisclosed defect. If they refuse, then you will have to sue, or take them to Small Claims Court, depending on the size of the defect.
The vast majority of lawsuits involving real estate are brought by buyers suing sellers over defects in the home. Frequently they will receive a monetary settlement.
However, the sellers do have some possible defenses: they may not have know about the defect; your inspector may have missed it; you may have given up your right to an inspection; you may have already received some funds for general repairs.
I hope you are able to resolve this issue amicably.
Well Donna, that's a great question. In most states,Realtors are compelled to disclose;information only 'known' to them. Anotherwords, if the flaw is not an obviouse one, or a condition that should be known to a proffessional Realtor; in thier capacity as an 'expert', then; the Realtor, in most cases is held harmless.
Disclosure and the buyer's acknowledgement of that disclosure, is manditory;as to real estate practice in the U.S.
Generally, what I find to be the case in the after the fact disclosure of a minor flaw,is that the seller, if approached to do so, will generally 'cure' the condition.
I have seen property line, as well as use issues go to court, however, this is rare, and is far less expensive to resorve through resolution.
1. Ask the seller to remedy the flaw.
2. Press for resolve through mitigation.
3. Go after the broker's E&O insurance.
4. Take an asprin or tylinol; and walk it off.
5. Go after the title insurance.
6. Take it to small claims court.
THat's about it. Good luck!
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