Indiana is one of many states that require home sellers to disclose important information about their houses to potential buyers. If a seller fails to follow the law and the buyer suffer damages. As a result, the seller could be made to pay the buyer for his or her losses. A home buyer looking to file a lawsuit against a home seller for a failure-to-disclose issue should talk to and Attorney in LaGrange Indiana about what it takes to win this type of case.
Elements of a Failure-To-Disclose Lawsuit
To successfully sue a home seller for failing to disclose pertinent information about a house, the home buyer must show several factors were true in his or her case:
* The problem had existed before the individual purchased the home
* The problem was not out in the open where it could be seen easily by the buyer or discovered by an inspector
* The defect was not disclosed by the seller or the responsible party lied about the existence of the issue
* The plaintiff relied upon what the seller or real estate agent said about the home
* The plaintiff incurred damages or losses as a result of the defect
For instance, a home seller fails to disclose there was lead paint on the walls in the attic as required by federal law. The home buyer could recover the cost of removing the lead paint and repainting the attic from the home seller.
Other Liable Parties
The home seller’s real estate agent could also be held liable for paying the buyer’s damages and losses if the person knew about the issue and failed to tell the buyer about them. The person who inspected the home could also be held responsible if the individual failed to uncover the defect in the course of his or her job.
Suing a home seller for failing to disclose relevant problems with a home typically involves gathering evidence and interviewing everyone involved in the sales process. It’s best to hire an Attorney in LaGrange Indiana with experience litigating real estate matters such as Grimm & Grimm for assistance. To schedule a consultation, Visit the Website.
