Legal Question in Real Estate Law in New York

Re: Property disclosure - termites

It sounds like an expensive lawsuit, should you decide to pursue it, and there are no guarantees.

On the other hand, how much will it cost to repair the damage and treat the property in order to get rid of the infestation?

You may want to consider doing the work and going to small claims court.

In examining this response, please note that we are not entering into an attorney/client relationship, that this is to be taken as informative, and not as legal advice, that it is always best to speak to a lawyer in your area and/or in the area where the transaction and/or events occurred, and that my answer is necessarily limited by the fact that I have not seen the documentation or had an opportunity to go over the matters with you in detail.

Re: Property disclosure - termites

If you can prove he knew of this latent defect and failed to disclose you can either sue for recission and restitution or for damages. Your failure to inspect, while foolish, should not be held against you. Good luck.

Re: Property disclosure - termites

Tough call, but probably would go your way. Your waiver can be a defense, but the knowledge of a known condition, misrepresented by the Seller, would probably make the Seller liable for repairs and remediation. If a major structural problem exists, you could sue to rescind the contract and get the return of the purchase price. Litigation may be required and your waiver, after seeing that possible conditions were "unknown" should have alerted you to a possible problem and the inspections should have been done. Good Luck.