Legal Question in Wills and Trusts in Illinois

Hi,

I have a question about our house that we bought 1 year ago this July. When we took the final walk through of the house before the move, the owner stated and signed the papers stating that there was never any problem with water seepage and or damage. The basement was still FULL of her personal belongings, all along the walls of the basement and throughout. After we moved in, we could see that the paneling in the basement did in fact have water damage and we had a good amount of seepage after the first week we moved in after a rain.We also had damp paneling in the den room it's a quad house We contacted Realtor right after, with pictures. We were told that there really isn't anything we could do. Why then, are people even asked about having knowledge of existing conditions in their house and how can they sign papers? I believe this is wrong. Do you have advice as to what we could do?

Thanks, Bernd


Asked on 9/02/12, 2:40 pm

1 Answer from Attorneys
Henry Repay Law Offices of Henry Repay

You should be following up with your closing attorney rather than your agent. You have received poor advice from the agent. You have a claim. The issue is often the cost to pursue litigation if that should be necessary. That, of course, would also be an issue for the seller. The other concern at this time is that the statute of limitations (deadline to file a claim) under the Residential Real Property Disclosure Act may be one year, though there are claims that may exist outside the Act that may give you more time. I suggest you seek the advice of an attorney handling real estate litigation and that you do so without delay.

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Answered on 9/02/12, 6:29 pm


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