Legal Question in Real Estate Law in Virginia

Hello,
We purchased our home almost exactly 2 yrs ago. We put a leaky window on the list of things to be fixed by the old owner before closing. We were told it was addressed. Fast forward to this past November and a noreaster here in the area. Big rains now meant rain in my dining room. We now know there was existing problems with the entire way that part of the house was built. We are in the middle of having it all fixed. If anyone the old owner had to fix this problem simply needed to remove a few pieces of siding to know there was a big problem. Our insurance will only pay part (what they say the nor'easter caused). I want to know how and if we can go after the old owners. Please advise

Asked on 4/11/10, 2:01 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Yes, you could be entitled to recover from this seller if s/he failed

to respond honestly to any specific questions that you may have asked

prior to closing regarding conditions of the property and may have engaged in misrepresentation or outright falsification regarding such conditions.

You should bear in mind, however, that in Virginia there is no

general duty on the part of a seller to disclose generally information

regarding defects in a property to prospective buyers unless

the seller is specifically asked about them.

Answered on 4/24/10, 10:00 am

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