Anyone who sells you a defective property might owe you damages. The seller's liability depends on the circumstances of the sale and the nature of the defect. Below are some factors that strengthen your property defect claim.
The Defect Is Major
You have a strong chance of recovery if your case involves a major defect. After all, a major defect would cost you more money to remediate than a minor defect. Note that defects that are natural byproducts of aging or wear and tear won't trigger strong claims.
Consider a case where you buy a house only to realize that the insulation contains asbestos, a health hazard. You may have a strong claim since you must get rid of the asbestos, and the remediation process is costly.
The Defect Existed Before the Purchase
Secondly, you must also prove that the defect existed before you bought the house. You are solely responsible for defects that arise after the purchase process. Examples of preexisting defects include:
- Use of inferior materials
- Existing termite damage
- Violation of existing codes
However, an earth movement that causes foundation damage after the purchase doesn't make a strong case. The seller or constructor couldn't have known about the damage.
The Defect Wasn't Obvious
Most buyers conduct a walkthrough when buying real estate properties. Industry experts will also advise you to have a professional property inspector to assess the house's condition. In many cases, one or both processes will catch a major defect.
For example, a visible crack on the wall is obvious. However, a foundation defect or hidden water leak might not be obvious. Such imperceptible defects trigger stronger clams than obvious defects.
The Seller Lied or Failed to Disclose the Defect
Property sellers and developers have a legal obligation to disclose certain defects to prospective buyers. The disclosures help prospective buyers make informed decisions. The obligatory disclosures vary by state. Here are some disclosures Florida requires:
- Legal claims, such as property liens, against the property
- Boundary disputes
- Past or present sinkholes
- Structural problems
You have a strong claim if you have a problem that the seller should have disclosed but didn't.
You also have a strong claim if the seller intentionally lied to you. In such a case, it doesn't matter whether the problem involves an obligatory disclosure or not. Consider a case where a property seller lies to you about past pest infestations on the property. In such a case, you have a strong claim even if the seller wasn't required to specifically mention the pest infestation.
You Followed the Relevant Procedures
Real estate laws determine the rules and procedures you must follow when you discover a defect after buying a property. Following such rules to the letter will strengthen your claim. For example, Florida requires you to notify the seller and allow them to rectify the defect before you can file a lawsuit.
You Mitigated the Damage
Lastly, mitigating the damages will also strengthen your claim. Mitigating the damages shows that the seller is wholly responsible for your losses. Otherwise, the seller might argue that you are responsible for some of the damages.
Say you discover a leaking roof a few weeks after purchase. You should cover up the leak and protect your house's contents from water damage.
An experienced real estate lawyer can evaluate your claim and help recover your damages. For example, the lawyer can help you understand the applicable real estate laws in your case. Donald B. Linsky & Associate PA has a wealth of experience in real estate law.
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for a free initial consultation to evaluate your case and determine the way forward.
