Legal Question in Real Estate Law in Texas
Disclosure witholding info
I purchased a home and now I believe that it has been on fire.It was never put on the disclosure form.Is there anything that I can do ? Can I take previous owner to court ?
2 Answers from Attorneys
Fire Damaged Home -- Recourse
IF there has been a fire and IF your seller knew of it and failed to disclose the fact and IF you are damaged thereby (i.e. the home is worth a LOT less than what you paid or needs EXTENSIVE repairs due to the fire), you may very well have a claim under the Deceptive Trade Practices Act, as well as other laws. You need to consult a lawyer to find out for sure.
undisclosed fire in house purchased
http://www.capitol.state.tx.us/statutes/codes/pp000500-000800.htmlshows that a seller should disclose a previous fire.
http://www.capitol.state.tx.us/statutes/tocs/bc001700toc.htmldeals with deceptive trade practices.
Property sold "as is" in consumer transactions has recently been discussed by the Texas Supreme Court. You need to discuss the matter with a lawyer in your area familiar with real estate and litigation.
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