Legal Question in Real Estate Law in Illinois

first time homeowners

We recently purchased a house.closing was Nov 17th and we moved in on the 24th.We jsut found out that the sump pump is illegally installed and the we need to put in a new sewer which will cost around 3500.00...We found the problem after trying to do a load of laundry. We did pay for an inspector to inspect the house before closing and he signed that everything was ok....Is there anyway we could hold the previous homeowners responsible? thank you


Asked on 11/30/06, 12:43 pm

1 Answer from Attorneys

Zedrick Braden III Ainsworth & Associates PC

Re: first time homeowners

Hello. In Illinois there is usually a disclosure

statement that you receive at the closing which

gives the new buyer notice of any defects on the

property. You should review your paperwork to

determine if you received this. If you find a

disclosure statement, study it to see whether this problem was disclosed. There is no harm in contacting the previous owner and making a demand that he/she pay to fix the problem. You also may want to refer to the real estate sale contract to see if there is any language in the contract which relates to defects in the property not previously disclosed. If the contract says that the property is being sold

"as is", then your chances of getting the previous owner to kick in for repairs may be less than a sure thing. Before contacting the previous owner, you should get at least three estimates for the repair cost and then contact the previous owner with the lowest estimate in hand. I hope my suggestions have been helpful and I will be happy to answer any additional questions you may have.

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Answered on 12/02/06, 9:23 am


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