Purchased house April 2019, Sellers realtor listed numerous lies in his ad that were not discovered until after move in, failed to Disclose severe water damage. Sellers realtor also owns his own construction company. During inspection it was noted that front door frame was rotting, sellers realtor offered to replace it, and had his construction company replace the door and frame. Under the door was very obvious very severe damage to the wood framing and surrounding supports, as well as rotted sub flooring wet insulation and mold that could not be missed. They installed the new door over it and did not inform me of the damage. This was discovered in november 2019 when we attempted to replace the ceramic tile at the front door at a cost of over 1500 dollars to repair the sub floor and supports correctly. The seller and their realtor made numerous false claims including, "new dishwasher", which in fact was completely rusted and non operable and had to be replaced at a cost of 600 dollars, "New hot water heater", which is in fact over 5 years old and rusted, "New tile flooring" which if that was true than the flooring was knowingly put over the severely water damaged front entrance.
It appears that your damages are substantial. Schedule a consultation with a real estate/litigation attorney in your area to discuss the seller's and realtor's potential liability. The real estate contract will largely determine the route you take which is likely to begin with mediation of the dispute.
Perhaps, but no way to tell here on line. If the "lies" in the ad were not specifically included in your CONTRACT, there's not much you can do there - especially if you mean the MLS sheets (i.e., that specifically say they cannot be relied on for any reason); and the water damage at the front door doe not sound like it has the sort of "material impact on value" that triggers the duty to disclose. You might have a small claims action for the "false claims" the seller and realtor made (assuming you can prove them up in court). It might be difficult establishing your "reliance" as well, if the washer, for example was "old and rusted" - they will most certainly argue that you and your INSPECTOR should/would have noticed that. In any event, if you wish to pursue such a claim, just contact the real estate lawyer who represented you in drafting/reviewing your contract; he or she is in the best position to advise you, and if necessary and appropriate, can help you find a litgator to look into this. Hope this helps. gsg
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Sellers and real estate agents have a duty to disclose to the buyer any material defect (meaning a non-cosmetic problem which costs money to fix) that is not open an obvious, and is known to the seller or the agent. This disclosure may be in the contract, in some other written document, or made orally. The difficulty in cases like this is that you must prove the seller or agent actually knew of the defect. You should take all of your documentation to an experienced real estate lawyer in your area. Your lawyer can advise you on your likelihood of success in litigation.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
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