You will need to contact an attorney. Getting a vague answer to a vague question won't get anyone anywhere. Please get in touch with a real estate attorney. Also, anything said here should not ever be construed as legal advise.
All that being said, I don't see why you wouldn't be able to take action with the previous owner and/or the inspector. When looking at the home, was the closet filled with stuff and you were unable to see everything? This may have been the case with the inspector. Also, what about the final walk through? The home should have been empty then and you could have noticed something then.
I am not trying to point the finger back at you. I am just bringing up what they will ask. Perhaps the homeowners really did not know the damage was there until moving out day. Perhaps the inspector could not get to that area to inspect.
Sorry I could not give you a definitive answer, but this really should go to an attorney.
Terrence Charest, e-ProÂ®
Century 21 Associates
905 Easton Road
Willow Grove, PA 19090
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