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Lv 6

Legal questions about the seller not disclosing a repair responsibility at closing.?

So the Home Owner's Association let me know that the previous seller had to get the pipe fixed after he drove a nail into it. Well he did a patch job and the water caused some damage to the drywall in the basement area. So I am responsible for the repairs which I will pay for regardless. But I was told that they have emails as evidence to prove that the seller did know about this responsibility and did not disclose it to me during closing in the seller's statement. So I am planning on suing him, the agent, and the agent's company or broker. I want to know if the emails where they discuss the matter with the HOA and the building management company enough proof that they knew about it and intentionally left it out of the seller's statement?

Thank you.

6 Answers

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  • 5 years ago

    Email and other electronically type of communication is now acceptable in a court of law.

    It is possible that the seller did not remember repairing the pipe. You would have to prove negligence on the part of the seller. This is extremely difficult, as how do you know what is in a person's mind and what they are thinking at the time.

    The emails prove that the former owner repaired the pipe and other damage, it does not prove negligence and intent because he was in a frame of mind to sell the property.

    You should have had an inspection done on the property, prior to closing the transaction, why did not your inspector find this damage and include it in his/her inspection report.

    I hope this has been of some benefit to you, good luck.

    "FIGHT ON"

  • 5 years ago

    Presuming the "patch job" included sealing the pipe then I think you will have a difficult time prevailing. In the seller's mind the leak was repaired and did not have to be disclosed.

  • 5 years ago

    Emails are generally not accepted as evidence in a court of law unless they bear a certified electronic signature. Absent such, they are easily forged. However, if the amount of damage is low enough to go to small claims court, you may stand a better chance. As well, forget about including the real estate firm and agent. It is not their responsibility to disclose. That is the seller's responsibility only. If you can't handle this in small claims court, forget about it. The expenses involved would surely be larger than your damage costs.

  • 5 years ago

    Drywall damage should have been readily apparent during inspection.

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  • 5 years ago

    Its going to be awfully difficult to prove this one...I would let it go.

  • ?
    Lv 6
    5 years ago

    how do you patch a pipe....need to ask better fake questions

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