Legal Question in Real Estate Law in Colorado
failure to disclose
In May'05 I bought a house in Colo Sprgs. June'05, basement flooded during heavy rain. Water came in thru garden level windows.Because I was still residing in rental home we were moving out of,I did not discover water until a week later. By that time, there was so much mold/mildew that all walls, insulation, baseboards and carpet had to be removed.We also lost over $25k of personal property.I immediately checked previous owner's Disclosure Statement.Clearly marked ''NO'' in response to question concerning water damage.Because I never saw house empty%
1 Answer from Attorneys
Re: failure to disclose
Sorry about the problems with the house.
I assume this is not new construction. You would have to prove that the seller committed either fraudulent concealment or made a false representation on that disclosure.
Did you have a home inspection? If so, a good inspection should have noted some sort of water damage unless this storm was truly exceptional or it was otherwise hidden by paint, furniture and the like.
You should have contacted an inspector or an experienced drywall installer to review the damaged drywall because they could have determined if such damage could have been from the one rain or from several rains over a period of time.
Given the time lapsed, without evidence on the damage or proof of some concealment or misrepresentation, you will have a difficult time proving this claim. You may want to contact an attorney if you have further information or evidence. Good luck.
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