Legal Question in Real Estate Law in Massachusetts
bought condo with rotting deck
Two and a half years ago I bought a condo (top floor of three family), had it inspected, neither the inspector nor the seller pointed out any problems with the decks. Someone pointed out to me recently that the decks are sinking and the main columns are totally rotted out, to the point where you can stick your hand through the wood. I never noticed, because the columns have painted metal sheeting over them (seller probably did this to cover the problem). We have to rebuild the entire deck. Can I/the condo assoc. recover from anyone?
1 Answer from Attorneys
Re: bought condo with rotting deck
A seller has no obligation to disclose defects. However, there are a couple of exceptions. If the seller is asked about the condition of the porch and does not fully disclose its condition, then there is liability. The other is when the seller takes affirmative action to conceal the defect. You should check the p&s agreement and related papers to see what if anything was disclosed about the deck and the supporting columms.
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