Legal Question in Real Estate Law in Indiana

New Home Miss reprsented

My husband and I just bought our first house. Since we have

moved in, in April, we have had to have the home warrenty

people out three times. Twice for the furance and once for a

leak in the roof. We have also had a lot of water in the

basement and the drywall through out the house seems to be

slowly comming apart. They told us that the furnace was only

a couple of years old and the same with the roof. We asked

directly about any water problems in basement and the owners

said no. We did not get a whole house inspection because our

realater told us that the house looked great and it would be

a waste of money, being it was our first home we listened to

her. Now we are stuck with a lot of fixing up that we never

planned on. Is there any legal recourse that we can take. We

have documented everythin


Asked on 1/09/05, 3:10 pm

1 Answer from Attorneys
Mary Ann Wunder Wunder & Wunder

Re: New Home Miss reprsented

Depending upon the actual age of the home, you may still be able to file a claim against the builder or the original warranty or you may be only entitled to sell your seller for misrepresentation or fraud. One of the first things you should do is have an engineer look it over for what needs to be repaired, and a contractor come in to provide an estimate of what it will cost to repair, then have the property appraised for what it is actually worth based on its condition. Then you should also notify the mortgage company and your home-owners insurance to let them know what is going on. Then you can begin negotiations with the prior owner and/or builder and/or warranty company for damages.

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Answered on 1/10/05, 9:01 am


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