Inspection is one of the most crucial steps in buying a home. You need to ensure that the house is in top condition and that the seller discloses any problems that warrant repairs or replacements.
However, there are situations when the seller chooses to hide certain problems with the house to sell it quickly. For example, months after buying a New York property, you discover that the septic tank is faulty or that the roof needs to be replaced. In this case, do you have to pay for the repairs yourself, or should someone else be responsible for the costs?
Aminov Law Group, a trusted real estate attorney in New York, shares this guide on who’s liable for the expenses when you discover problems with your New York house after the purchase.
General Rule for Home Defects in New York
New York law requires home sellers to provide buyers with a signed disclosure statement before the sale. This document states that you, the buyer, are aware of the property’s flaws before purchasing it.
If the seller gave you a disclosure statement that omitted a property defect, they could be liable to pay you damages under the Property Condition Disclosure Act. However, you still need to prove that the seller was aware of the problem and tried to cover it up.
One example of real estate fraud is if the seller painted over cracks in the foundation to hide them. New York courts could consider this circumstance as active concealment of a defect, which would grant you damages.
However, New York courts can deny your claim due to the following circumstances:
- If the inspector raised a red flag about the defect and gave you the opportunity to examine the problem more thoroughly
- If the scope of the inspection doesn’t include the defective part of the house
Other than the seller, the home inspector could also be held liable since they’re responsible for determining problems in the property, even the ones that the buyer isn’t aware of. However, you need to provide strong evidence to prove that the inspector was grossly negligent.
What to Do if You Bought a House with Undisclosed Problems
Follow these steps if you discover undisclosed defects in your house after buying it:
- The first thing you should do is review your inspection papers and disclosure statement. It’s important to confirm that the inspector didn’t raise any red flags about the problem. Otherwise, they won’t be liable because you would have had the opportunity to fix the issue if they did. You also need to check if the inspection contract limits the liability of the inspector.
- Check your purchase contract for an “as is” provision, which represents your agreement to buy the property in its exact condition at the time of the contract. This clause can make it difficult for you to build your case against the seller, so you’ll need to prepare strong evidence to support your claim.
- Seek legal advice. A real estate attorney will review your purchase documents to determine who should be responsible for the repairs so that you can file a claim against the right person. They’ll also help you strengthen your case to increase your chances of being awarded damages.
Make sure to hire a real estate lawyer who has ample experience handling real estate fraud or fraudulent misrepresentation cases in New York. This way, you can rest assured that they can give you the legal representation you need.
Real Estate Attorneys in New York City
Aminov Law Group, P.C. is a boutique law firm based in New York specializing in personal injury law and real estate. Our client-oriented approach ensures a smooth litigation process from start to finish, making the experience as stress-free as possible.
You can rely on our real estate attorneys’ aggressive representation to make sure you receive a favorable settlement.
Email or call us today to schedule a free consultation regarding your undisclosed home defect issue.