Bought home with many underlying issues, do I have any recourse?

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Bought home with many underlying issues, do I have any recourse?

Live in Alabama, bought home 2 1/2 years ago.
After close many issues have arisen. Septic
need replacing, roof also. The slab was poured
improperly. House was built in mobile county
in 1974. Passed inspection before we bought
it.

Asked on January 21, 2018 under Real Estate Law, Alabama

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You *may* have recourse against the seller IF both of the following are true:
1) The condition was not one that could or should have been caught during inspection: if it was not "hidden" or "latent" (to use the legal term), then in buying the house, you effectively agreed to buy it with the issue. So, take the roof: if the damage or wear is external, so that you or an inspector should have seen it, you would have not recourse; but if it was hidden (e.g. to the underroofing, which is not visible), you may have a claim.
2) The seller knew or reasonably *must* have known (logically, under the circumstances and given any evidence, a seller in his position would know) of the problems but intentionally failed to disclose them to you. If he did know/must have known but failed to disclose, that would likely be fraud and you could recover compensation from the seller. But if he himself did not know, he is not liable; liability, or an obligation to pay, in this case is based on intentionally lying or failing to disclose some material, or important fact. Without knowledge of an issue, there  could be no intent to hide it and no liability.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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