Legal Question in Real Estate Law in Virginia

Burned By the Seller?

I bought a condo in 1998. The week after I moved in the place leaked in every room after a storm. The seller disclosed that there was a small leak in the Kitchen, but that this leak would be fixed by a roofing company. She did not mention the other leaks that she had. Well two years later the place still leaks and the association has decided to put on a new roof assesing us $6000 each. Insurance will not pay because it is a construction defect. Do I have any legal recourse for non-disclosure by the seller under Virginia law? What about the association?


Asked on 2/27/00, 5:59 pm

1 Answer from Attorneys
Bruce Marshall Durrette, Irvin & Bradshaw, P.L.C.

Re: Burned By the Seller?

If the question is whether you have a cause of action against the seller on the basis of fraud,the statute of limitations may have run (2 years from the date of the reasonable discovery of the fraud). If it has not run then you would have to sucessfully prove that the seller 1) knew of the problems and failed to disclose them when specifically asked, or 2) made some attempt to hide the defects. Another issue is what type discosure did the contract for sale have. Did you have the opportunity to have the roof inspected ? If you had the roof inspected you may have a cause of action against the inspector.

As to the Association, there should have been a fund in place to do repairs. You received such information at the closing. Did you make demand on the Association any time before the assessment was rendered ? Finally the Association may have a cause of action against the general contractor that built/converted the condo, depending on how long ago that took place.

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Answered on 3/09/00, 10:42 am


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