Legal Question in Real Estate Law in New Mexico

Real Estate Home Disclosure

In our home disclosure it noted that there were 2 leaks in HVAC ducts, and all problems have been corrected. We did our home inspection and we purchased the home, shortly after we noticed after heavy rain that the ducts were not fixed correctly. We have gone back and forth with the previous owners for the last two years on having this problem fixed correctly but the previous owners are no not accepting our calls or accepting our certified letters. Do we have any right to fight this in court if the Home disclosure stated these problems were fixed prior to the sell of the home, but later turned out they were not?


Asked on 12/23/08, 6:18 pm

1 Answer from Attorneys

Charles Aspinwall Charles S. Aspinwall, J.D., LLC

Re: Real Estate Home Disclosure

You have a right to sue for repairs you had to make which were not disclosed to you or which were misrepresented as having been done, and were not. Whether or not such a suit is economic is another question. You can sue up to $10,000.00 in small claims court without a lawyer.

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Answered on 12/23/08, 9:51 pm


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