Legal Question in Real Estate Law in Colorado
real estate
i bought a home last year. the realitor told us many times that she has seen the inspection report and it all checks out. i buy the house and in this past year i've had water leak from my ceiling. my attic is covered in black mold and the roof needs to be replaced because of the leaks, my siding needs to be replaced due to water damage, the furnace broke, my shower fell apart,my walls are cracking, the realitor disappeared with all my closing papers, i cant find the inspection report, and i have no money to fix any of this. the mold makes my baby sick. The realitor made alot of money from comissions then disappeared the damage to the house would have been caught on the inspection report which i cant locate. i feel that this was a scam and a fraudulent loan. how can i go about getting a new home or have someone pay to have it fixed. the water damage was noticable. any inspector would have then looked in the attic for the cause and then would have seen the mold. i feel stuck. who should i talk to about getting a new home? or how should i sue? this house has been nothing but a nightmare. thank you very much for your time. i am very greatful.
1 Answer from Attorneys
Re: real estate
Sorry about all the problems. Your primary claim would be against the inspector. As to what rights you may have, that will depend on their contract and what exactly was the scope of the work and their report.
As to the realtor, that is more difficult. Most realtors act as transaction agents. This means their fiduciary duties are relatively limited. To claim fraud would require considerable evidence and much more than a defective home.
You need to contact a local real estate and construction attorney to review the contracts and discuss the facts. Understand that these types of claims are expensive and absent really exceptional facts in your case, it is very unlikely that an attorney would take this case on contingency. Good luck.
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