Legal Question in Real Estate Law in Illinois

We purchased our home in 2007, in Illinois. In our area and in 2007, no one did "home inspections." We purchased with an "As Is, Where Is." The problem is the homes foundation and the land it sits on. After moving in we saw numerous cracks in walls and then doors would not close or open. We contacted the insurance co. & they contacted the proper state department which then spent the last 2 yrs doing mine subsidence testing. Their answer was not mine subsidence, but the type of soil we have here. A Coal Mine was here but ended in 1949.

Do we have ANY possible recourse? The prior homeowner had to have known of the large cracks in their walls and door settling issues, because they were hidden behind curtains and furniture placement. They checked "no" on the disclosure for all the statements that pertain to these issues.

Are we just screwed because of the As Is, Where Is.......? I'm also a bit ticked at our realtor who never said a word or gave us guidance in this purchase. We can now appeal with the insurance company and their findings, but I don't see what "leg" we have to stand on.

Thanks for your time,

Diana


Asked on 3/01/10, 11:40 am

1 Answer from Attorneys
Caroline Palmer Law firm of Caroline Palmer

The problem is that you did buy the house "as is". That does mean that you cannot now go back and claim that the old owners did not disclose the problems. As for the realtor, realtors are not responsible for insuring that the house is in a good condition, they are only responsible for insuring that the sale goes through and that they get their commission. Even if a house is listed "as is" an inspection should always be done.

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Answered on 3/06/10, 2:12 pm


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