Legal Question in Real Estate Law in Pennsylvania
damage discovered after buying house
we bought a home in May. We wanted to replace the windows, sliding patio doors and put up vinyl siding. Upon starting is was discovered the entire side of the house had been rotted away by water damage and has to be rebuilt before it can be sided which added an additonal $20,000 to the job. Can we sue the inspector, seller, etc.?
2 Answers from Attorneys
Re: damage discovered after buying house
The question isn't if you can sue them. You can sue anybody. The question is will you prevail. Did any of the people you mention give any warranties?
Otherwise the following are some of the possible causes you might be able to recover.
The seller has a duty to disclosure defects known to him. The problem is showing that the seller have knowledge of the defect.
If you were to sue the inspector. First, he would have to be an inspector you hired for you purposes, not one hired say because the bank wanted an inspection. If this is the case he owed a duty to do the inspection with the level of expertise and skill other similiar inspectors would use. If a defect you discovered should have been discovered using that skills and expertise for house inspectors then you might be able to prove negligence. Not an easy task.
You're best bet to be made whole is if there is some type of warranty. If not you will have to sue.
Whether you will recover is difficult to predict.
If you have questions feel free to contact me.
{John}
Re: damage discovered after buying house
Also, if you can show that the seller knew about the water damage and failed to properly disclose it on the seller's disclosure form, then you may have a claim against the seller for your damages. The remedies available in failure to disclose cases can range from money damages to recission of the sale.