Legal Question in Real Estate Law in New York

Faulty Inspection/Bad disclosure?

NY State (Onondaga county)

First time home buyer. I researched and got a licensed credited home inspector. There was no snow out on Dec30 but it was light rain when he inspected. Told me the outside was perfect. The dampness in the corners of the basement was just due to the heavy rain earlier and there is no water damage from the bottom 3 feet (rest of the basement walls have insulation you can pull back without taking it off to see underside). Told me sump pump was fine and I might need a backup. In the report he stated no water damage or problems.

Its been a month and the dark corners remained so I called in 2 seperate basement companies. Both tested for mold and found it. Both hydrometers showed well over 30%. Both found cracks on the outside of the house and the inside (without pulling away the insulation). And there were issues with the drainage system into the sump pump. Now 1 month and 3 days into my home I am facing a $12,000-$16,000 bill if I want everything fixed. If I had known this I would not have bought the house or would have requested part or all of this off the selling price.


Asked on 3/30/07, 11:16 am

1 Answer from Attorneys
florence hessen florence f. hessen,esq

Re: Faulty Inspection/Bad disclosure?

Hi:

This appears on its face without further info to be what is called a "latent defect", which if known by the seller and not disclosed is actionable,however, the time to take this to Court might eat up your damages. Your inspection report generally contains a clause that this is the condition that the premises that was found as of the day of inspection with no further warranties, which would probably exclude them from suit unless there was gross negligence. Whomever you get to inspect for the work should be certified and hopefully well known that if you were to sue would write a report that this is something either the original home inspector or the owner had knowledge about.

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Answered on 3/30/07, 11:27 am


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