Legal Question in Real Estate Law in Illinois

Real Estate Disclosure

I purchased a home 2 months ago. On inspection it was noted that the lower level bedroom wall had sustained water damage from a leak in the upstairs utility room. I was informed the leak was fixed. For the first time I have used the washer and the leak is still present. It turns out the prior owner ''fixed'' the leak by running a tube down the center of the pvc pipe 10-15ft. Do I have a claim for nondisclosure of the leak? How should I go about this. The pvc pipe still has a leak and will likely require 400-600$ worth of repairs.


Asked on 1/14/01, 10:10 pm

1 Answer from Attorneys
Thomas Moens Moens Law Offices, Chartered

Re: Real Estate Disclosure

Generally, a seller does not have to disclose defects which **in good faith** he believes he has repaired. The key words are in good faith. Slapping some duct tape over a hole in the roof will not constitute a "good faith" belief that the repair was made. You might be in the same circumstance. I would suggest getting an estimate for repairs, and then having an attorney send a demand letter to the seller. Of course if that does not work, you will have to sue the seller in small claims court.

www.thomasmoens.com

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Answered on 1/30/01, 9:28 am


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