Legal Question in Real Estate Law in North Carolina

I'm wondering if I have any legal recourse against the former owner of my home and what the statute of limitations is? I bought the house in Feb. 2008. Since that time, problems, both large and small, have cropped up that have cost me a great deal of money. I have spoken with neighbors and a person who lived in the house for a while and all have told me horror stories about how the former owner told workmen to cover up problems with cheapest material possible and not make repairs if they can cover up the problem so she can "get this thing sold." Instances: The roof leaks and in the discloser she stated there were no leaks. The person who lived here said it leaked all the time. She had the roof painted (it's a metal roof) to cover the rusted area where the leak is. She covered up termite damage with new drywall. They covered over a door area with nothing but a sheet of plastic, drywall on the inside and new siding on the outside. She had a new bathtub put on floor joists without a sub floor. There are many more instances regarding wiring and plumbing. I had an inspection and they found a few minor items, but not big ones. The most ridiculous thing about all this, is that the former owner is a realtor for a large company.


Asked on 7/27/09, 3:11 pm

1 Answer from Attorneys
John Kirby Law Offices of John M. Kirby

These are always very tricky situations. Your statute of limitations in NC is generally 3 years (whether your claim is based on breach of contract or on negligence). A seller can be sued for fraud or "negligent misrepresentation" depending on the circumstances. But, the seller can sometimes avoid liability depending on the boilerplate disclaimers and other factors. You probably need to consult with an attorney to discuss this in more detail. But the good news is that your claim has not expired yet. You can find a very recent and similar case involving termites here: http://www.aoc.state.nc.us/www/public/coa/opinions/2009/unpub/080700-1.pdf.

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Answered on 7/28/09, 9:19 am


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