Post Close Discovery
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Post Close Discovery
We closed on a home in 3/2018 and have since discovered several significant
issues with the home that were not disclosed. Do we have any recourse against
the seller or seller’s agent?
Asked on May 26, 2018 under Real Estate Law, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
If it can be shown that the seller either knew of the issues or reasonably must have known (that is, that any seller in his position logically must have known) of the issues but, despite knowing of them, did not reveal them, then the seller committed fraud. Fraud would provide a basis to sue the seller for compensation, such as the cost to remediate or correct these issues. If the seller did not know, however, he is not liable: you cannot disclose what you are not aware of.
The agent is not liable: the agent had no obligation to disclose (that is the seller's obligation) and also is entitled to rely on what the seller tells them.
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