Property Q&A in Edison>Question Details

Lakshmi, Home Owner in Edison, NJ

How to fight with Sellers / Home Inspector who never disclosed a big problem in the home we bought recently.?

Asked by Lakshmi, Edison, NJ Sat Dec 29, 2012

Please help me.

I recently bought a home in edison,nj. The home owner never disclosed any water leaks. The exterior wall drippage is totally leaking and it made the exterior walls wood rot inside. Its just 2 months we bought the home and we are needing to replace a whole exterior wall. I don't know where to start to get justice. What kind of lawyers accept these cases legally. If I need to contact Edison township which department should I go and ask for. Who else can help us.

Please give your advice.

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hi lakshmi. if it was not
disclosed in seller disclosure, then you need to prove that the sellers had knowledge of the leak, but chose not to disclose. if the sellers truly had no idea, they can't be held responsible. the inspector cannot see behind the walls, but if there was obvious water damage that he did not catch, then you could question why they missed it. how did you find out about the leak? the township does not handle disputes between buyer and seller.

best to contact your realtor and attorney and see what they advise.
0 votes Thank Flag Link Sat Dec 29, 2012
Hi, you need to call your lawyer and ask him how to proceed if you want to take legal action.
Flag Wed Jan 2, 2013
We found it after we saw water leaking from the window and the wall is wet. And our home inspector did not notice it during inspection. And prev owner did not mention in the disclosure. We hired a builder to check the problem. And he told us all the wood was rotted and the wall need to be reconstruct which is a huge amount. S we don't know how to take this. So want to proceed legally. But need to know where to start.
Flag Tue Jan 1, 2013
Lakshmi,

I am not an attorney, but rather I am answering from opinion and experience.

There is no one to "fight". You bought a home and had a home inspection. It sounds as if the seller did not know about it either. It happens. There are things that go unnoticed until a problem surfaces. If there were no visible signs, it probably got past your home inspector also. I do not think your words of the inspector "not disclosing" the leak is accurate, rather he not discover the leakage.
Most inspection reports read that the home inspection cannot tell you what is happening behind walls. That is why I recommend a home inspector that has one of those "guns" that detect water behind walls..

No one at the township will be able to help you. I guess you can ask your attorney for help, but it sounds to me like it will not be a viable complaint. You did have a home inspection and it is quite possible the seller did not know about it either.
0 votes Thank Flag Link Sat Dec 29, 2012
Not everything is the fault of someone else and worthy of a lawsuit. You have homeowners insurance. File a claim. Welcome to home ownership where repairs both major and minor occur.
0 votes Thank Flag Link Sat Dec 29, 2012
Contact you attorney who represented you at the closing..Assumption you were the one who hired the inspector.....ask your attorney what legal advice he or she can give you regarding the shoddy inspection....Did you get at least three recommendations? Also, call the better business bureau and ask if there has been any complaints regarding the inspection company you used ...Also did the sellers give you a sellers disclosure.....

. Good luck to you.

Diane
0 votes Thank Flag Link Sat Dec 29, 2012
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