Preexisting issue not disclosed by seller
Hi there,
We recently bought a house in Dallas TX. A couple of weeks ago the tenant called about toilet backing up. We sent a couple of contractors there to look into it. They found that the plumbing lines were not installed properly. Tenant also told us this is a recurring issue.
But there is no mentioning in the seller's disclosure.
Has anyone encountered similar issue before? I would like some advice on what options we have at this point. Monetary compensation? lawsuit? rescinding?
Thank you!
Zoe
Most Popular Reply
Back away from the internet. A little is good, but more makes for a difficult client.
Proving up a seller's failure to disclose is never cut-and-dry as most think. These cases turn on facts. What *exactly* was disclosed? What did you sign? Did you have an inspection? When did the issue occur? Is this something the seller *could have known* (or was it hidden to them)?
If the seller never occupied the property, disclosure is much lighter. And you WOULD have to prove actual knowledge.
Aside from the statutes, case law plays major factor in what really applies to your case.
But the 1st hurdle is to determine ability to recover. Say you win, and you get a judgement against the seller. Can they pay? Homestead is exempt, so are there non-exempt assets?
Proving up a seller's failure to disclose is never cut-and-dry as most think. These cases turn on facts. What *exactly* was disclosed? What did you sign? Did you have an inspection? When did the issue occur? Is this something the seller *could have known* (or was it hidden to them)?
If the seller never occupied the property, disclosure is much lighter. And you WOULD have to prove actual knowledge.
Aside from the statutes, case law plays major factor in what really applies to your case.
But the 1st hurdle is to determine ability to recover. Say you win, and you get a judgement against the seller. Can they pay? Homestead is exempt, so are there non-exempt assets?