Full question:
I recently bought a home. Upon purchase, I had the home inspected. Within the last week, my deck collapsed and exposed massive water damage, including subflooring and 2X10's that support the home. None of this was found or disclosed. Who is responsible for repairs? The home is 12 years old and we've owned it for 4 months.
- Category: Real Property
- Subcategory: Residential Property Disclosure
- Date:
- State: West Virginia
Answer:
The responsibility for repairs depends on various factors, including contracts, warranties, and disclosures. In real estate transactions, sellers are typically required by state law to disclose all material facts about a property's condition. This includes any known defects, such as issues with appliances, the electrical system, roofing, and structural problems.
Latent defects are hidden problems that a buyer cannot discover through a normal inspection. These can include significant structural issues like foundation problems. Disclosure laws generally require sellers to inform buyers of any material defects, including environmental risks that could pose health hazards.
If the seller failed to disclose known defects, you may have recourse against them. Additionally, consider whether you had a home inspection and if it should have uncovered the issues. Review your real estate contract to understand your rights and obligations regarding property defects. Consulting a local attorney can provide guidance based on your specific situation and documents.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.