Busted But Not Responsible? Tips For Your Defense

If you've been arrested for a crime you didn't commit, you need to defend your legal rights. You have the right to an attorney who can help you present your case. After being wrongly accused of something myself, I learned quickly how to navigate the legal avenues to have my case dismissed. My attorney was a great resource for building the case, and because of my understanding of the law, it worked. I created this site to share what I learned along the way and some other great tips for others who have been wrongly accused and arrested for a crime.

Can You Sue a Home Seller for Undisclosed Damage?

Law Blog

When you close on the purchase of a new home, you may be excited to move in immediately and start living in your new neighborhood. However, all your plans could come to a grinding halt if you soon discover defects or damage in the home that the seller didn't tell you about. Repairing this damage could cost much more than you can afford after you've just paid for a down payment. It's important to ask your real estate attorney what your options are.

Is the Seller Liable for the Damage?

Extensive damage to a home could be caused by termites, corroded pipes, a cracking foundation, or a whole host of other problems. Unfortunately, it's not always possible to spot these defects before they cause serious problems. It's entirely plausible that the home seller didn't know about the damage and they didn't show up in a basic home inspection.

During any real estate transaction, the seller is legally obligated to disclose any material defects that they know about. This is meant to reflect major damage, such as a leaky roof or a weakened structural support beam, not minor defects such as cracks in the cement patio or a broken window pane. You can't sue a home seller for minor damage.

If the seller signed a disclosure form saying that they didn't know about the damage, then they might not be held responsible for problems that pop up later. The exception is if your real estate lawyer can prove that the seller lied and tried to cover up the damage, such as by painting over a cracked wall, or if a judge rules that the seller should have known about a significant issue. For example, your attorney might uncover that the neighbors witnessed the previous owner attempting to fix an issue that they didn't disclose, this could be proof that the seller knew about it.

Can You Sue to Pay for Repairs?

If the court finds that the seller is ultimately liable for the undisclosed damage, then your attorney may help you sue for compensation to cover the repairs. It may be possible for your attorney to negotiate a settlement that covers the damage rather than getting into a protracted court battle, but this requires that you get estimates for all the repairs upfront so that you can ensure the settlement will cover your costs. You may even want your attorney to include the costs of temporary housing while the repairs are being performed in the settlement.

If you find yourself unexpectedly facing thousands of dollars in repair bills for your new home, ask a real estate legal service for help in assessing whether you can hold the seller accountable.


18 May 2021