Legal Question in Real Estate Law in New Hampshire
Seller sold house with code violations
If after purchasing a house the buyer discovers that the seller sole a property with code violations and that both the seller and his real estate agent knew and or should have known about these violations is there legal recourse and if so what is it? Additionally the seller, via his agent, delivered in writing an opinion supposedly from an engineer that a deck in question was built better than code requirements a statement we have found out is false. Do we have any recourse under law?
1 Answer from Attorneys
Re: Seller sold house with code violations
It would make sense to consult with an attorney in your area and provide them with all the information you have.
There is a balance in the law between a Buyer's obligation to investigate and have a property inspected versus a Seller's obligation not to knowingly misrepresent material facts. Thus, there is a difference between "know" and "should have known."
Intentional misrepresentation is a different matter, as a Seller may not have an obligation to disclose every last thing (not otherwise required on a Seller's Disclosure Statement), but representations made are clearly intended to be relied upon.
In short, you should speak with an attorney, and provide the attorney with all relevant information known to you.
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