Legal Question in Real Estate Law in Nebraska
Disclosure of nuisance
our seller did not disclose problem with noise when they sold to us 2 years ago. Do we have any recourse?
1 Answer from Attorneys
Re: Disclosure of nuisance
It depends on a number of factors. First, the seller only needs to disclose defects that 1) He is aware of. 2) Are latent defects that are not apparent upon reasonable inspection.
You would have to be able to prove both that he was aware of the defect and that there was no reasonable opportunity for you to discover the defect. Why did you wait two years to ask this question? You may also have a statute of limitations problem.
Other concerns include how serious the problem is and how much quantifiable damage you have suffered.
If you make an appointment with me, I can give you a more definite assessment of your case. I do charge for initial consultations.