Legal Question in Real Estate Law in Massachusetts

buyer's rights with regard to seller's disclosure

I purchased a condo one year ago and it turns out we just had to replace a faulty roof to the tune of $36,000 (my share = $12,000). There had been numerous claims made to the insurance co. prior to me buying this condo, which was also not known to me or the other owners, since we all moved in about the same time. I reviewed my own personal home inspection report, and they gave my roof inspection a clean bill of health indicating no flaws or major leaking. And after reviewing my p & s documents I discovered that the sellers had opted NOT to submit a 'seller's disclosure form'.

Do I have any legal recourse with regard to the seller not disclosing the faulty roof problem? What about my home inspector? Does he hold any responsibility towards this faulty inspection?


Asked on 7/09/03, 2:15 pm

1 Answer from Attorneys
David Baker Law Office of David Baker

Re: buyer's rights with regard to seller's disclosure

Hi. Sorry to hear about the problems. As a general rule, a private seller of real proprty is not required to disclose defects UNLESS the buyer expressly asks about conditions. If the buyer asks, the seller (and the broker, if there is one) is required to give honest answers. So, if you asked and can prove it, you may have a case against the sellers. You would appear to have a fairly strong case against the inspector. It might depend on what the inspector was asked to do. Consult a lawyer for help. Best wishes. David Baker

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Answered on 7/09/03, 6:05 pm


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