Legal Question in Real Estate Law in Kentucky

Fradulent Real Estate Deal

My friend was in another state and saw a house on the realtors website. The house looked perfect by the pictures. When they purchased the house and moved here from about 3000 miles away, they found that the house is sliding off of its foundation, the windows are cracked, the house has major structural damage. The realtor did not disclose this information. Do they have any legal recourse? They cannot afford an attorney because they are trying to fix the house so that it is livable. Please help.


Asked on 6/10/04, 5:58 pm

1 Answer from Attorneys

Philip Owens Philip M. Owens, Attorney at Law

Re: Fradulent Real Estate Deal

I cannot answer for all states, but in Kentucky, the Realtor has a limited liability, unless he/she intentionally misprepresents something that could not be discovered by the purchaser using reasonable efforts. Another thing is that the buyer must beware. The seller is not responsible for defects that are readily apparent or that could be discovered by a reasonalbe inspection. The seller is generally liable for defects that cannot be seen and would not be disclosed by a normal inspection that he knows of and does not reveal. These are general principles. Your friend needs to seek the advice of counsel. There are so many varibles involved that it would be impossible to give a better answer. Most state bar associations can hook your friend up with a legal aid program. Unfortunately, during the latter part of the 80's, the executive branch of the federal government was sued several times by these legal organizations so their money was severely reduced and this was continued through the 90's by the Congress when it changed leadership. Your friend could afford a short consultation-he may be surprised. If you are buying real estate, hire an inspector- $200-$500, or so, would have been cheap.

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Answered on 6/10/04, 8:36 pm


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