Legal Question in Real Estate Law in New Jersey

Seller Hid Defects in House

We just purchased a house & the tub is upstairs over the kitchen sink. We just discovered in the ceiling after chipping some of it away that the tub pipes had been replaced (without town permit), part of the joist cut, piles of debris and loose wood and a CEREAL BOWL & (moldy) paper towels had been placed under the tub to catch the leaking water since there was no caulk around the tub drain. This was a recent replacement since the ceiling patch over the sink was newer than the rest of the ceiling and we just assumed they had a leak & it was taken care of. It seems the Seller figured she'd place a bowl up there to catch the leak and we'd never know. Also, we discovered the wiring (which Seller's boyfriend told us he had done) is out of whack (upstairs lights & downstairs outlets on one circuit!). We also discovered live fixtures hidden in the basement dropped ceiling (sheetrock).

I'm now concerned about the intergrity of the joist, as well as whether the pipes are configures properly. I'd also like a licensed electrician to come in and re-do the wiring since her boyfriend did it and the town requires a licensed electrician to perform all electrical work.

Do we have any recourse?


Asked on 11/08/04, 2:41 pm

3 Answers from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: Seller Hid Defects in House

You do not say whether or not you did a home inspection and when you learned about the wiring. You may have a claim for misrepresentation, but be prepared for litigation, especially if you had an inspection and the inspector missed these items. If you had an inspection, you may have recourse against the inspector also, but you need to read that contract to see what limitations there may be. I suggest retaining a good real estate attorney, familiar with litigating these matters, to give you an opinion.

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Answered on 11/09/04, 3:10 pm

Re: Seller Hid Defects in House

Feel free to contact me to discuss this matter (888) 821-9716

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Answered on 11/08/04, 4:32 pm
Alan Albin Alan S. Albin, Attorney at Law

Re: Seller Hid Defects in House

It sounds like you may have a variety of legal claims, including breach of contract, misrepresentation, and fraud. If so, you would be able to recover the reasonable amount of repairs as well as, possibly, attorney's fees, punitive damages, and statutory damages, depending on all the facts.

You would need an attorney to properly handle this. Please contact me, see below, or at 973-605-8995.

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Answered on 11/21/04, 9:39 pm


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