QUESTION

Can I sue the previous owner of my home?

Asked on Sep 20th, 2016 on Residential Real Estate - Florida
More details to this question:
I purchased a home and found extensive water damage and active leaks in several areas of my home in the first 48 hrs. There are dangerous levels of mold in my air handler. I have since had the leaks repaired but now need a complete remediation and extensive repair work including carpet, sub flooring, taking an entire wall out and kitchen floor. Plus a professional remediation and cleaning of my air handler and duct work. The previous owners are uncooperative as well as the inspection company. The disclosure statement showed no issues with water leaks past or present. I am apprehensive to seek legal action because the previous owner is also an attorney. Do I have a strong case? I cannot afford to lose.
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1 ANSWER

While I hate to provide an answer of ‘it depends,’ a lawsuit of the type you are describing is very tricky and the factors that weigh to the strength are in the details of the transaction – what was said, written, known, disclosed, etc.  One of the keys is whether the problem was known and the condition was misrepresented or actively covered up.  If you sue, likely everyone will point fingers at one another, but, in the end, they are likely going to say something to the effect that it was unknown or that you had the opportunity to inspect.  And, the inspector will likely try to point to something in the contract that attempts to limit his or her liability.  Additionally, if real estate agents are involved, there could be issues with how they handled the transaction.  Long short, you may very well have a case, but you will need to sit down with an attorney to discuss the details of the transaction.  Unfortunately, litigation doesn’t come with guarantees so the best an attorney can do is make an assessment of the case – but, at least you will have all of your options following a consultation.  
Answered on Sep 21st, 2016 at 9:22 AM

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