Legal Question in Real Estate Law in Indiana

misinterpretation on disclosure form by seller

My husband and I bought a home almost two years ago. The company that was selling the home was actually a property managment company. On the disclosure form it listed under water/leak problems and structural damage..they checked NO. As it turns out there is a massive leak problem that is caused by a crack in the foundation of the home...water gets into our vent system and has caused us a lot of grief..had we known about the problem we wouldn't have purchased the home, do we have any legal rights to go after the property management company even though they listed they did not live on the premises on the disclosure form?


Asked on 7/31/08, 12:01 pm

1 Answer from Attorneys
Mark Voigtmann Baker & Daniels

Re: misinterpretation on disclosure form by seller

Typically the liability of a seller for a misrepresentation on the sales disclosure form depends on whether the seller had actual knowledge of the problem (in essence, whether they knowingly concealed the problem from you). That can be a difficult thing to prove. The two years that has passed may also be a problem. Our ability to assist you further will depend on our running a conflict of interest check (to do so, we would need your name(s) and the name(s) of the sellers). I wish you well!

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Answered on 7/31/08, 12:43 pm


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