ShouldI get an attorney if there is ongoing litigationregarding a property thatI justpurchased which was not disclosed to me prior to purchase?

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ShouldI get an attorney if there is ongoing litigationregarding a property thatI justpurchased which was not disclosed to me prior to purchase?

I recently purchased property. The disclosure form filled out by the previous owner stated that they were not aware of lead paint. The tenants signed new leases and were given the lead pamphlet yet did not sign a lead disclosure, other than an environmental indemnification clause in the lease. Tenants have disclosed they are seeking damages from prior owner that since they not disclose to them about lead. I am worried they may come after us too. Can they come after us? They have moved out to get the children away from it. There are signs of bite/gnaw marks on the child’s door that recently tested positive for lead.

Asked on August 17, 2011 Utah

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Prior to purchasing this property were you provided by your real estate agent (assuming you had one) with a lead paint disclosure warning?

Is there an actual lawsuit between the home's former tenants and the former owner that you bought the property from about lead paint issues? Or, is there a claim by the former tenants against the property owner that you bought the home from over lead paint issues? If so, was the claim or lawsuit disclosed to you before close of escrow?

If there was no disclosure by the prior owner of such and the home in fact has lead paint, you might be in a position to rescind the purchase of the property (cancel it) because the seller failed to disclose this material fact to you before close of escrow.

You should consult with an experienced real estate attoney regarding this option.

Since you did not own the home when the prior tenants were living in it, they have no standing to bring a lawsuit against you.

Good luck.


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