Legal Question in Real Estate Law in Connecticut
crack attack in foundation
I,ve been ib my home for close to 4yrs. Water is coming from several cracks in the foundation. Also, the ceiling is separating from the walls throught the house which is evident that the previous ower tried to patch up. Is there a statue of limitation on these situations to get these problems rectified? Thanks!
2 Answers from Attorneys
Re: crack attack in foundation
The statute of limitations should be 6 years, as a real estate purchase is a contract. The real issues are whether (1) you can show these problems existed when you purchased the house, (2) the seller knew or should have known about them, (3) the seller had a duty to disclose these items, (4) your inspector (if you hired one) should have picked up on the items, and (5) if you could show that the seller misled you. Call me if you would like to discuss this further. I would need to see the purchase contract and your closing papers.
Re: crack attack in foundation
You've probably lost the ability to sue the seller under the theory of misrepresentation or fraudulent non-disclosure. Those claims usually have a 3 year statute of limitations in general. On the other hand, if the problem was not immediately detectable you may be allowed to extend that to 3 years from the time you could or should have first known of the problem. You will need to do some legal research to find out if that kind of extension is available to you. You may be able to sue for breach of a written contract. Breach of written contracts usually have 6 year statutes of limitations. If you're seriously thinking of suing I recommend that you get in touch with an attorney right away so you don't delay any further.
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Real EstateTwo Two names on a house left in a will. Asked 2/25/08, 5:20 pm in United States Connecticut Real Estate and Real Property