Legal Question in Real Estate Law in Virginia
Information not disclose at time of inspection or purchase
Good day:
5 years ago we purchase a house, the bank requested that one of the chymenies be fix and certified by a professional. Apparently there is a ground settlement causing it to separate from the house. Second there is the possiblility of an old heating oil tank burried in my backyard, this was never brought to light by our inspectors or reflected in any of the paper we have. Now I have been medicaly retire and put my house in the market to avoid financial hardship. The new buyers had an inspector walk thru, and today is when it came to light. According to the inspector, the reason of removal is due to the possiblility of fumes been ignate. In other words my family and I have been living on a bomb. On the chimeny you can see where someone went and try to fix it but was not successfull at it. As it is because of a second we took to have some repairs and improvements, we'll be walking with close to nothing, and we don't have much. This probably ruin my sell, second regardles if I sell or stay the chimeny has to be fix and the oil tank remove. Been 5 year is there any actions I can take againt my inspectors, realtor and/or broker.
1 Answer from Attorneys
Re: Information not disclose at time of inspection or purchase
The broker and/or realtor are probably off the hook as well as the seller who was not required under Virginia law to disclose this major defect to you unless you in effect had directly asked him about it prior to the closing of the sale.
As to the home inspector, you might want to review the terms of the contract under which the inspection was conducted to determine whether there might be any liability on the part of the inspector for his failure to detect and inform you of this major defect in the property.
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