Legal Question in Real Estate Law in Illinois

We purchased our home in June 2008. Last fall after opening the windows we found that they needed replacing. On inspection of the window to get the size for replacement, we found that not only was the window dry rotted but also the wall and its components were rotten as well. Though the insulation and drywall had no mold (hmm). Since then we have found that three other windows also have the same issue and major damage. Is there anything we can do against the previous homeowners or inspection company for not pointing out these problems as it looks like they replaced the insulation and drywall but left the major problem for us to fix later. All while they still leaked and caused more damage


Asked on 5/03/10, 11:31 am

1 Answer from Attorneys
Charles Dobra Charles Wm. Dobra, Ltd.

I assume that you did not purchase new construction. You may have a cause of action against the old owners for concealing a material defect, and against the inspector as well. The only way to know for sure is to have a local attorney look at the purchase contract, and related documents, and the contract that you had with the inspector. Of note, if the inspector was "recommended" by your Realtor, that person could be a potential defendant as well. Last, these cases are notoriously difficult and expensive to litigate. I see that you live in Decatur; so, I would recommend that you make an appointment with a local attorney to see if you have a case.

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Answered on 5/08/10, 2:40 pm


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