Legal Question in Real Estate Law in Indiana

Purchaser's Right to Compensation due to failure to disclose deficiencies

We purchased a home in Indiana in May of 2007. We had a paid home inspection. We had the previous owners make some of the suggested necessary repairs, but for the most part we accepted many of the others. After moving in, we began to find many obvious things that the inspector didn't find. Additionally, we found several ''deficiencies'' that the previous owners did not disclose. Many of these deficiencies were either work performed by the previous owners or existing conditions of which they were aware. A specific significant example is the plumbing for one of the full baths. The bath was added previous to their ownership, but they performed a major renovation on the bathroom in 2005. The main drain and vent for that drain was run directly out of the subfloor, exposed outside without protection and then into the ground and continuing to the septic system. This work definitely was not performed to any known standard or code, thus in our minds making it a deficiency. This was not spotted by the inspector nor was there any indication of a plumbing deficiency on the disclosure. This was one of about (7) significant and obvious items that we have found. We contacted the previous owners in an atttempt to settle this and they chose not to.


Asked on 12/18/07, 3:13 pm

1 Answer from Attorneys

Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Re: Purchaser's Right to Compensation due to failure to disclose deficiencies

You need to have an attorney review the purchase agreement, the Sellers Real Estate Disclosure Form, the inspection report and your agreement with the inspector.

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Answered on 12/18/07, 9:03 pm


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