A story that Alabama homeowners tell all too often is of setting out to buy a home and signing a contract to buy the house contingent upon it successfully passing an inspection. They have an inspector come out to look for potential problems including termites, yet they claim that they don’t see any evidence of them. The new homeowner finds out that their assessment was inaccurate and that termites have caused thousands of dollars in damage.
Had you known that the home that you were eyeing had a termite problem, you wouldn’t have likely bought it. You’re now left with an inability to sell your home and a costly mess on your hands. In situations like this, you should reach out to a real estate litigation attorney.
Depending on your particular jurisdiction’s laws, you may be able to sue the person who sold the home to you, the party who inspected it or even the realtor for failing to make certain disclosures or discoveries.
In many cases, whether you’re able to hold any of these parties liable for their failure to disclose certain flaws comes down to whether it can be proven that they knew that the flaws actually existed.
Some states don’t require sellers or realtors to make certain disclosures about a property. Even if they do, a homeowner who’s able to show that a company regularly comes out to treat their home for termites may be seen as having done enough.
If you didn’t take the time to check to make sure that your inspector was licensed, then you may be unable to sue them. Even if their license is in good standing, the contract you signed may limit you from suing them for missing something.
You may also be at a disadvantage if you didn’t follow your inspector around your house, as they may argue that they would have disclosed such an issue with termites had you done so.
If there’s one word of advice that homeowners facing undisclosed flaws with their homes could be given, it would be that it’s important that they don’t tackle a termite dispute without experienced legal protection.
Preserving evidence in these cases is critical if a homeowner wants to lay claim to much-needed funds to repair their home. That’s why it’s important that an attorney is in your corner as you look to prove your case.
