Legal Question in Real Estate Law in Georgia

Termites, leaky roof, plumbing problems on a

Purchased home 12/99. House was total rebuild (except slab) after fire. 1)Never got a Georgia Seller's Disclosure/ told us it was not required since seller had never lived in the rebuilt house. 2)Seller had termites in orig house/had slab treated "on the side" after fire. Sm exterminator furnished termite letter saying "NO termites ever.." Termites found 3 days after letter ran out. We had bait system put in. 3)Washer pipe connection leaked 4)Dishwasher connection leaked 5)Roof OK until 9/00 after heavy rain..leak down side of fireplace(Roofer now out of business)

Seller did much of rebuilding himself and/or subcontracted with friends who did work on the side. We have 1 yr Buyers Warranty, but we have to pay deductibles, & all termite expense is out of pocket. We had home inspection, but none of this was found or reported to us. What are our rights? Is a Disclosure required? Can we sue & for how much? (We were told by a lawyer we could sue, but they would charge by the hour & the case could go a year or more) We don't have any money left!


Asked on 10/01/00, 10:55 pm

1 Answer from Attorneys
Hugh Wood Wood & Meredith

Re: Termites, leaky roof, plumbing problems on a

Well, your prior opinion is about right. The homeowner's warranty is probably gargage. Most of them are. You can sue, you probably have a claim. We, like the other attorneys, would not do it on a contingency. Our charges would require a min. of a $5,000 retainer and hourly bills at $225 per hour. While you might achieve a settlement in under a year, it would be almost impossible to get a case to trial in any metro county in under 18 months (Cobb, DeKalb, Fulton, Gwinnett).

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Answered on 10/31/00, 3:11 pm


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