We recently purchased a home and the seller did not disclose all known defects of the home. We are asking for financial help in making the home safe and comfortable. It appears the home received "handyman" repairs so it’s apparent the defects were known.
We asked for help and got a letter from an attorney saying the matter is complete and no payment forthcoming.
We would like to take them to court but cannot afford the attorney fees. What recourse(s) do we have?
mrsfoster said:
Feb 06, 09 at 6:05 amI am not from Ohio so I will give you general information. Contact your area Department of Commerce and State Attorney Genera’s office. File a complaint about the agent that listed the home for sale. Were you given a Seller’s Statement of Condition?? You can use that document to show proof of an existing condition that was not disclosed.
It is probably that you signed an agreement for Arbitration vs. Litigation and you can possibly resolve your problems through arbitration.
I would start with the agent that helped you buy the home. If you did not get a home inspection, that is recommended by most agents it is possible that your agent with be more than willing to help you but I would not consider your agent to be at fault. As they say, "Carpe Diem" (buyer beware). It was up to you to decide if you did not get an inspection, you bought a home as is.
goz1111 said:
Feb 06, 09 at 12:28 pmwithout a lawyer it will be difficult but not impossible
first if we are talking a small amount around 5K then you would be in small claims and very informal, if more then more difficult
if you are going to sue for major cash, you will need to show that the repairs where done to intentionally hide know material defects, this will be your legal burden to court, as such you will need an expert to testify toward intentional action
if you can get an expert, you can file a complaint in civil court, to wit the other side may deposed your expert, bring in their own expert, then trial
if we are talking Major Cash you may want to see if you can come up with the cash for a lawyer