Legal Question in Real Estate Law in Louisiana

Hidden Defect In Home Purchased Through Real Estate Agency

In June 2000 I purchased a home in Louisiana through a real estate agency. It didn't rain at all until about a month after I moved in. The house has a sunken den and as soon as the rain started water began leaking into the den area. I pulled away the soaked carpeting and could see the water coming through cracks in the slab. When I contacted the former owner he said he didn't know it leaked. The selling agent claimed not to know anything either. I don't want this house. Should I sue the owner, the agent or both? thank you


Asked on 12/08/00, 3:02 pm

1 Answer from Attorneys

Richard Lemmler, Jr. R.P. Lemmler, Jr., Attorney At Law

Re: Hidden Defect In Home Purchased Through Real Estate Agency

Did you have an inspection of the property before purchasing it? Did you pay a licensed home inspector or contractor to do that inspection? If so, review their written report for any mention of cracks, settling, etc. If not, did you inspect the property thoroughly before buying it? Did the seller and/or agent provide you with a disclosure statement regarding defects, problems (such as flooding, asbestos, termites, etc.)--they should have done so. Examine that written disclosure statement to see if there is any mention of the cracks in the slab. Who you should sue depends on who inspected/reviewed the property PRIOR to your purchase. A great deal of responsibility rests on the "Buyer to beware" and do a diligent inspection or hire someone professionally to do so. The "agent" unfortunately is generally interested only in getting his or her commission from the sale--many times, you will be given "lip service" and/or told what they think you might want to hear (even things that may not be true) simply to protect the sale and their commission.

I strongly suggest that you gather ALL of your paperwork from before and after the sale and make an appointment with a lawyer convenient to you for a paid consultation to thoroughly review your entire scenario and tell you your legal rights and options. I cannot begin to tell you who to sue without reviewing everything and asking lots of questions--anyone who tells you otherwise is probably not going to be helping you in the long run.

Good luck....

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Answered on 12/11/00, 9:25 am


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