Legal Question in Real Estate Law in Illinois
defect disclosure on house sale
My daughter bought a house. Previous owners signed a disclosure statement indicating no problem with septic--untrue-- daughter had problems--called septic company-happened to be same one previous owners had called 2 years before and were advised of septic problem-estimate done, but previous owners never had fixed. Daughter's realtor contacted other realtor--get second opinion--did. Same estimate for repairs needed. Previous owners' realtor says, between daughter and previous owner. That daughter should have it fixed, pay for it, then try to go after previous owner. Is this true? Shouldn't the fact that they lied on disclosure, automatically make previous owners or their agent responsible for getting septic fixed? Why should any money come out of daughter's pocket? She didn't lie about septic on disclosure. Who is responsible for repairs? Please advise. Thank you.
3 Answers from Attorneys
Re: defect disclosure on house sale
Some of your facts are sketchy, but I believe that your daughter has a cause of action against the former owners. The fact that the septic company has a prior estimate, AND APPARENTLY, no repairs were made, would make the Sellers liable under the Act. Having the repairs made, and paid for, makes the evidentiary issue as to whether an "estimate" is fair, is eliminated. I would consult an attorney near you as soon as possible. Good luck!
Re: defect disclosure on house sale
Hello. In my opinion, your
daughter can file a lawsuit
against the previous owner
because it will place a
hardship on her to have to
fix this problem. She should
get at least two estimates
and she should get a lawyer
to represent her.
Re: defect disclosure on house sale
Generally, the seller is liable if the provide false information on the disclosure statement. They might have an out if they believed in good faith that they repaired the defect. The disclosure statute states that a seller does not have to disclose defects which they have repaired.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
