Legal Question in Real Estate Law in Indiana
''Contractor'' Liability
I purchased a home approx. 2 years ago, from the original owner who ''built'' it 3 years prior. The house now has numerous structural problems. I attempted to find the contractor who built the home to see if any warranty existed and was told by neighbors that the previous owner built it himself, not “had the house built” like my other neighbors. This was not disclosed at any time by the seller, realtor, inspector, title company, or bank, do I have any recourse to have these damages fixed? How can a seller acting as a builder and seller disclaim all liability under a house sold “as is”? Seems like someone in the process of selling/buying this home should have disclosed/clarified this point and should be held responsible for damages?
2 Answers from Attorneys
Re: ''Contractor'' Liability
You may have a remedy against the seller for all the defects that were not specifically disclosed, if it can be shown that the seller knew about the defects. Since the seller was the builder, he is in a bad position to argue he didn't know about anything. Gather your evidence, and confer with a local attorney experienced in consumer protection or real estate law. Good luck.
Re: ''Contractor'' Liability
Your recourse will be highly dependent on the documents signed at closing. Whether I could assist you on this would depend on knowing your identity and that of the seller so that we could run a conflict of interest check first.
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