Legal Question in Real Estate Law in Indiana

Non-Disclosure of problems

My husband and I bought a home which had some remodeling done by the owner. When the job was completed, the duct work for the heating and cooling systems were not replaced to the master bedroom. This was not disclosed and the inspector missed it. Are the sellers responsible for the bill for replacement of the ducts? Also, the air conditing was in working order at inspection but the sellers stayed in the house an additional 29 days. The day they moved out, and I took possession, the air conditioner was not working. It cost $265.00 to get repaired. Who is responsible for the bill?


Asked on 8/15/06, 3:52 pm

1 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Non-Disclosure of problems

Regarding the duct work, based on the limited information that you have provided, it appears that there was no misreprentation by the Seller. You might want to talk to your Inspector about paying you for his negligence. Do not be intimidated by the language in almost every Inspection contract that limits your recovery to the cost of the inspection. Many small claims courts ignore that provision.

Look at your purchase contract regarding the condition of the premises between the time of signing the contract and at the time of possession. Chances are you can recover that from the Seller.

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Answered on 8/15/06, 4:01 pm


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