Legal Question in Real Estate Law in Colorado
Lawsuit settlement not disclosed
We purchased a residential property where the previous owners were recipients of a settlement related to the property's windows. The previous owners did not use the settlement to replace any windows, and did not disclose either the settlement or the underlying lawsuit in any documents at the time of sale. Do we have any standing to seek compensation from the previous owners to assist in replacing the windows?
1 Answer from Attorneys
Re: Lawsuit settlement not disclosed
Hello,
Sorry to hear about your problems. Assuming you used the standard Colorado Real Estate Commission approved form contract and the contract required the form seller's disclosure, they may have legal liability for not disclosing the window issues as a structural condition. They may be liable for breach of contract, misrepresentation, and fraud, among other possible claims. It really depends on closer review of the contracts and additional facts.
I would advise that you contact an attorney to make a demand and advise you on your rights and strategies. Good luck.