We purchased our home and as part of the purchase contract, the sellers signed a disclosure statement. After closing escrow and moving in, we found out the house has defective roofing and that there was a class action lawsuit involving other homeowners in our association that was in the final stages of completion. The sellers never advised us that there was pending litigation or that the roof was defective. We now stand to have to replace the roof at our expense. Isn't this real estate misrepresentation and if so, what is the statute of limitations in Washington State? Thank you for your knowledgeable and kind response.
Real Estate Attorney
Due to a recent Washington Supreme Court case on this issue, it is now very difficult to bring a misrepresentation case against sellers of real estate. Buyers essentially have to establish outright fraud, which is a higher burden. Depending on your situation, however, you may have other remedies available to you.