Legal Question in Real Estate Law in Virginia

New Condo bought, but have structural problems with the property

I bought my condo in January. The place used to be a apt complex. They turned the complex into condos. The problem is this. I need to find out if I have any legal bases to sue the property managment for not disclosing the lack of insulation or padding within the building. I can hear my neighbor walking around (not hard) but the walls and ceiling are very thin. (I can actually hear the person above using the bathroom)

I am thinking of selling this place, but I am worried about potential buyers coming back at me at a later date regarding the ''noise level'' I have talked to managment about this issue. They have not given me any good answers regarding the situation. I would appreciate any advice. Thank you.


Asked on 4/28/04, 9:40 am

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

Re: New Condo bought, but have structural problems with the property

Under Virginia law, the seller of real estate has no duty to disclose defects(whether major or minor)to the buyer-----unless the seller is specifically asked by the buyer about a particular defect. Then and only then, apparently,

is the seller required to give the buyer information regarding the defect about which the latter has inquired, and if he or she fails to do so or gives false and/or misleading answers regarding this particular defect, the buyer may then bring an action for fraud against the dissembling seller.

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Answered on 4/28/04, 8:10 pm


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