Foundation damage found after purchase of new home....

Asked by Brandy Vaughn, Saint Albans, WV Tue Sep 25, 2007

We purchased a house 4 years ago and there is foundation damage. The owners may have had previous knowledge prior to sell of the home. They did not list it on the disclosures. There is proof of patching made by someone to cover up damages. Is the legal actions that can be taken?

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Ute Ferdig, Agent, Newcastle, CA
Tue Sep 25, 2007
Brandy. You need to see an attorney as soon as possible. Any legal remedy you may have has to be claimed within a certain. Since you purchased 4 years ago, you need to act quickly to make sure you do not miss a statute of limitations dead line. The statute of limitations is different in each state and it depends on what the cause of action is. As soon as you read this, call an attorney and make an appointment. Good luck.
Web Reference:  http://www.go2kw.com
2 votes
Diane Glander, Agent, Spring Lake, NJ
Tue Sep 25, 2007
Ute,
I agree. I did tell her to consult with an attorney, also. Issues like whether or not a home inspection was performed will affect the outcome, too. It may be that they have a case against an inspector who did not pick up on damage in the inspection report. The prior homeowners may not have known of the damage, so did not disclose it. Perhaps the owners before them patched it and didn't disclose. It's a difficult case to prove.
As real estate agents, we cannot give legal advice. Just our opinions. I did, however, tell her to contact an attorney. She's in VA, afterall. Not NJ, not CA. Thanks for the SOL info about CA, though. I think they are less restrictive than here in NJ.
0 votes
Ute Ferdig, Agent, Newcastle, CA
Tue Sep 25, 2007
Diana, there are different statute of limitations and 4 years is one of them. In CA for instance, unless the contract says otherwise, the SOL is 4 years to enforce a written contract, 2 years for oral contract, 1 year for personal injury cases, and in cases of fraud or hidden defects the SOL may not even start until the defect has been discovered. These are all factual questions and I would never take a guess as to whether a SOL has expired and I would not want Brandy to not pursue this because she thinks that the SOL has already expired. So Brandy, if you read this, act now.
Web Reference:  http://www.go2kw.com
0 votes
Diane Glander, Agent, Spring Lake, NJ
Tue Sep 25, 2007
I would guess that your statute of limitations has expired. Did you perform a home inspection? That would have been part of your due diligence in the purchase. Did you see the damage before you bought? You should check with an attorney, but my guess is that there is no way to go back 4 years to correct this.
Web Reference:  http://www.dianeglander.com
0 votes
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