Legal Question in Real Estate Law in Indiana

I have recently purchased property that was up for auction due to a mortgage foreclosure. On the day of closing I took immediate possession of the property, which was owned by my uncle. He still had almost all of his personal belongings in the house, and requested extra time to get them. How much time to I legally have to allow him access to the property?

My second question is: He knowingly lied on the "Seller's Residential Real Estate Sales Disclosure" and because it was such a quick sell and between family, we didn't have an inspection done. He stated in the disclosure, the major issue, that the electric furnace was 'not defective' when in fact there is NO furnace in the house! Do we have any legal ground when it comes to recouping at least part of the cost on this? He also stated the fireplace was defective, but the entire insert must be replaced. Plumbing and electrical issues also were not disclosed.

Any insight into this situation will be appreciated.


Asked on 9/21/11, 9:50 am

1 Answer from Attorneys
Kenneth Wilk Rubino Ruman Crosmer & Polen

If the foreclosure went through, the former owner has no further right to access, if it was sold at a closing,former owner has no right to access after closing.

You have legal grounds to seek recourse and refund for misrepresentations, but the problem is collectibility.

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Answered on 9/26/11, 5:33 pm


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