Legal Question in Real Estate Law in Virginia

Buyer problem

i bought a home on july 2,2007, since i moved in i found a number of issues with the home including mold and rotten wood. these were overlooked on the home inspection as well as the moisture report. the seller did not disclose any info on damage and according to the add it was supposed to be a remodeled home ''Like a new home'' in the advertisement. it looks like they just covered up to sell the house. that is why i think the inspector didnt catch, it looked good cosmetically. i also uncovered some half rigged up items that according to the home inspection report were supposed to be fixed but were not. i am looking for legal advise to find out if i can get a case against these people because im pretty sure they knew about the problems, they were an investment company that just wanted to make a quick buck at someone elses expence, and i am worried for my daughter and my family's health with the mold issue. Can you help me out?i dont know if there is any way of getting out of the deal, or just asking for a lower price and fix it all myself. The home also has Polybutylene piping, the home inspector pointed it out but did not tell me of the severity of this problem.


Asked on 7/23/07, 8:48 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Buyer problem

There is no law in the Commonwealth requiring sellers of real property to

disclose material defects to prospective buyers of such property. Only if the buyers ask specific questions regarding such defects are the sellers obligated to respond truthfully and to provide full disclosure regarding such defects. Failure to do so can make the sellers civilly liable to buyers for fraud and misrepresentation.

Unfortunately, it would appear that you may have been caught up in the euphoria of buying a new home and, consequently, failed to ask the kinds of questions which would've required these sellers to make a full disclosure regarding these apparent defects and problems which you've referenced. If you didn't ask about them, under Virginia law there was no requirement for these sellers to disclose to you anything regarding these defects and problems with the property.

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Answered on 7/23/07, 10:16 pm


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