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Factors That Determine Whether You Have A Legal Claim If You Discover Defects In A Recently Bought House

7 February 2018 by Richard Ramirez

Have you discovered a defect in a home you recently purchased? If you have, then here are some of the questions whose answers will determine who is liable for your damages:

When Did the Defects Occur?

You only deserve compensation for defects that occurred before you bought the house. Therefore, the timeline for the origin of the defect versus the timeline for the purchase of the house will be important. Proving when the defect started may be easy or difficult depending on its nature. For example, if you have discovered sewer damage caused by an intruding tree root, it may be easy to prove when it started because tree roots don't grow overnight. In many cases, you will need an expert's analysis and testimony to prove your claim.

Did Anyone Tell You about the Defects?

You can't ignore a warning about a defect and later claim damages arising from the same defect. For example, if a seller or their agent tells you about a leak in one of the bedroom's ceiling, you cannot buy the house and later claim water leak damages because the leak has proved more bothersome than you thought it would be.  However, you have a strong claim if none of the defendants can prove that they informed you about the defect. Your claim is even stronger if you can prove that the defendants actively lied to you about the defect, for example, by telling you that the roof did not have a leak while, in the real sense, they knew that the roof was leaking.

Is the Defect Obvious?

There are obvious defects that you don't need to be warned about, and you shouldn't expect compensation for buying a house with such defects. For example, if there is a big crack on the siding of the house, and there is nothing hiding it, then it is obvious to everyone concerned that you don't mind the crack if you go ahead and buy the house. Therefore, you don't have the legal authority to pursue damages for such an obvious defect.

Can the Defect Cause You Monetary Damage?

Lastly, you should know that in these types of claims, you can only get compensated for the actual monetary damages arising from the defect you have unearthed. Don't expect to be compensated for the pain of discovering the defect, or similar damages. In many cases, your damages will be based on the money it has caused you or it will cause you to fix the defect.

For more information, contact companies like Haskin & Associates LLC.

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