The day you close on your new home should be one of the best days of your life. Unfortunately, for some people it is unknowingly the beginning of their worst nightmare, especially if you discover that the property they bought has a major defect that was not disclosed to them by the seller, inspector, agent, or any other party involved in the process. If you incurred damages as a result of this disclosure failure, you may be able to go after the guilty party in order to recover the damages you will incur for getting the defect repaired. However, it is recommended that you seek legal counsel before moving forward for the following reasons:
Figuring Out Who Is Liable
Do you have any idea who you should actually be suing for damages? If the seller knew about the problem but didn’t disclose it or lied about it, you may be able to hold them liable. However, if you hired an inspector who failed to discover a major defect that they should have caught, you may need to sue them instead. Your Real Estate Lawyer in Brooklyn NY will advise you on who you should hold responsible and make sure that you don’t waste time and money going after the wrong person.
Knowing How To Prove Your Case
In order to even have a chance of recovering your damages, you need to be able to prove the following:
1. The defect was there before the purchase date.
2. It’s not something you could have spotted.
3. Someone failed to disclose the defect or lied about it.
4. Proper disclosure would have affected your buying decision.
5. You incurred monetary damages as a result of the defect.
A Real Estate Lawyer in Brooklyn NY who understands the law will know best which evidence you should be presenting in order to prove these things, and they’ll help you present a solid case so that you have a much better chance of winning in court.
Discovering that the home you’re living in has a major defect can be scary, especially if you don’t have the money for repairs. Contact the team at The Law Offices of Elan Wurtzel to find out more about how a real estate attorney can be a valuable asset in your quest to get the money you need to make your home a safe place to live. You can also visit them on Facebook for more information.
