Legal Question in Real Estate Law in Ohio
what actions to take againt seller for not disclosing major problems
What initial steps must I take in order file a suit against the previous owner of my home for not disclosing major problems? I have lived in this house for 4 months and have discovered some major structural and electrical problems. The biggest problem being excessive water damage to the foundation. The previous owner said problems had been fixed but by future inspections have discovered an attempt by the owner to cover-up problems and misrepresnt many aspects of the house. The previous owner ''flips'' houses to make money and supposedly does all of the repair work himself. We are left with a home that has problems too expensive and time consuming to fix on our own. It is estimated around four to five thousand dollars will be needed to correct the major foundation problems. Please help me in guiding me to the next step. I have not contacted the previous owner but wish to either file a suit against him or bring him to small claims court. I would really appreciate any and all information you can provide me. I am willing to provide appropriate compensation for advice and/or legal counseling. Thank you. Look forward to hearing from you.
1 Answer from Attorneys
Re: what actions to take againt seller for not disclosing major problems
Dear Frustrated Home Purchaser, Your seller may, indeed, be guilty of deceptive practices and misrepresentstion under the laws of Ohio. Unfortunately, the jurisdiction of the Small Claims Court is limited to $3,000.00 I believe and will preclude your adequate recovery of damages. Accordingly, you must bring your claims (lawsuit) in the Common Pleas Court of the county where the property is located.
Importantly, if your Offer and Purchase Agreement contains an "AS IS" clause, i.e., your purchase of the real property is in its present (then) condition, you may have no recourse at law.
If you are uncertain as to your rights, consult an Attorney, or seek assistance from the nearest Legal Aid office. Good luck.
J. Norman Stark
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