Failure to Disclose

I recently purchased a home. It now appears that the previous owners failed to disclose many things in their paperwork. Are they monetarily liable for all of the problems?

The seller has a duty to disclose any material defects that the property has and cannot conceal known defects from the buyer.

What is a "material defect?" A material defect is one that may have a significant and reasonable impact on the market value of the property. Examples of material defects include leaking roofs, termite damage or infestation, foundation cracks etc.

The buyer is not off the hook though. The buyer must use due dilligence when inspecting the property.

Pete, if the problems you are talking about are "material defects" then you should speak to an attorney. If you don't know if the problems would be considered "material defects" you should also talk to an attorney. If they are material defects and the seller failed to disclose then they would be liable.

I recently purchased a home that was sold by the owner without a realtor involved. The owner did not disclose a known code violation related to an exterior deck. The owner did not disclose that they had previously treated the home for carpenter ant infestation. The third item and the one that I would like feedback on is the home was constructed on a pressure treated wood foundation. This is extremely uncommon in my region (Northeast) and I believe is a non-conventional construction that should have been disclosed. I believe that this construction is less favorable than a typical concrete foundation, and will affect the re-sale value of the home. Do I have legal recourse against the seller?

It will be up to a court to determine whether or not the 3 problems you described are considered "material defects". It sounds like one or may be a material defect.

Consult an attorney in your area to find out the legal remedies that are available to you.

We recently discovered a water leak & found out that the majority of our waterline is on my neighbors property who also sold us the property. what rights do i have conserning the line? do i have the right to dig up his land or should there have been a water meter on my property?

Why does your waterline come from your neighbor's property? Does it come directly from the street and eclipse your neighbor's lot, or is there some other scenario? Let us know!

Brad