Legal Question in Real Estate Law in Illinois
water damage
We have owned a house three years and had water damage twice. We recently found out that the original owners had a claim in 2003. Should we have been made aware of this claim? Are we able to recoup any losses?
2 Answers from Attorneys
Re: water damage
You had one year from the date of the closing to file a lawsuit over water damage. You are out of luck, now.
Re: water damage
I don't know. If the Seller had problems and thought they repaired them in good faith, it's unlikely you would've been able to sue anyway. If however, they had damage and did nothing a claim would've probably been successful.
On Disclosure-related issues, the staute of limitations is 1 year. And I don't think there's a "discovery"-type rule associated with it that says it's 1 year after you discovered (or "should've" discovered) it. I believe it's strictly 1 year after the closing date.
However, there may be other actions you could pursue against the Sellers. Maybe negligent or intentional misrepresentation or breach of contract is a possibility. Contact a litigation attorney or my office for a referral for one. Good luck!