REAL ESTATE STATUE OF LIMITATION

Asked almost 3 years ago - Schenectady, NY

Do I have any legal recourse for a Home Inspection that failed to inspect the plumbing of a Home 10 years ago. The Inspection report indicates that the home was connected to the county sewer system but in fact it was not and no inspection was made to verify the Inspectors claim. Is this not fraud ????

Attorney answers (3)

  1. Gerry M. Wendrovsky

    Pro

    Contributor Level 15

    Answered . The statute of limitation for any 'breach of contract' claim is six years. If you are claiming fraud, you would have to demonstrate that you reasonably relied upon a misrepresentation
    knowingly and intentionally made to you and suffered resultant damages. However, based upon the time period that has elapsed, you would have great difficulty showing you did not know about the 'misrepresentation'.

    Please be advised that this answer shall not constitute legal advice, or create an attorney-client relationship.
  2. Hayley R. Greenberg

    Contributor Level 16

    Answered . I am sorry to hear about your situation. That depends. Why did it take 10 years to find this out?

    You should contact an attorney to discuss your questions as additional information would be helpful.

    Our firm has many years of experience in this field.

    I wish you the best of luck.

    Please remember that I do not normally monitor these questions after I have posted a reply.

    Free phone consultation Monday — Thursday 1-5 pm.
    Hayley Greenberg
    Greenberg & Merola, LLP
    Attorneys at Law
    521 5th Ave. Ste. 1700
    New York, NY 10175
    (212) 593-6111, facsimile (516) 887-1720
    (Additional offices: Brooklyn, Queens, Long Island)
    www.GreenbergMerola.com

  3. Michael David Siegel

    Pro

    Contributor Level 15

    Answered . You have no recourse. None of these issues are typically reserved for times after a closing.

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