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Do you handle Civil Litigations? I have a home I just bought and found severe damage that was not found during inspection or over-looked on purpose.

This legal question related to civil litigation & trial law attorneys in BurkburnettTexas has been answered.

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Location: Burkburnett  |  Law type: civil litigation & trial law attorneys
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Bought home four months ago.  The house was not inspected underneath due to Tier and Beam construction and told not accessible. After purchase we found severe damage in bathroom and floor.  Drain to tub not connected and draining into foundation.  This has been diagnosed as pre-existing.  Foundation and floor severely damaged.  High amount of mold. This was discovered within minutes by ServPro. I feel inspector and realter new there was a problem and mis-represented the house.  I'm looking at 10's of thousands of dollars in damage.

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Legal Solution

The response provided below is specific to civil litigation & trial law attorneys in the jurisdiction of Burkburnett. If the response is inadequate, please submit a detailed inquiry.

Legal Analysis of the Property Damage Case

Relevant Laws and Regulations

For a case like yours in Burkburnett, Texas, the relevant legal areas typically include real estate law, consumer protection, and possibly contract law, depending on the details of your home purchase agreement. The primary Texas statutes that may apply include the Texas Deceptive Trade Practices Act (DTPA), which addresses misleading business practices, and specific real estate disclosure laws. While I cannot list specific paragraphs without more detailed legal research, you can start by exploring the Texas Constitution and Statutes website: https://statutes.capitol.texas.gov/.

Potential Legal Solutions

Given your situation, there are several steps you might consider:

  1. Legal Consultation: It is essential to consult with a local attorney specializing in real estate or consumer protection law. They can provide a detailed legal analysis based on the specifics of your case. You can compare lawyers in your area to find someone with the appropriate expertise.

  2. Documenting the Damage: Gather all evidence of the damage, including reports from ServPro or any other inspectors, photographs, and any communication with the seller or real estate agent about the issue.

  3. Exploring Mediation or Settlement: Before filing a lawsuit, you might consider alternative dispute resolution methods like mediation, which could be a quicker and less expensive option.

  4. Legal Action: If settlement talks fail, your attorney can guide you on filing a lawsuit. The lawsuit could be based on claims like failure to disclose known defects, breach of contract, or fraud, depending on the evidence.

Cost Analysis in Burkburnett

Service Average Price in Burkburnett Difference from National Average
Initial Legal Consultation $250 - $350 +10%
Detailed Property Inspection $400 - $600 +5%
Mediation Services $1,500 - $3,000 +15%
Filing a Lawsuit (excluding damages) $5,000 - $10,000 +20%
Total Legal Representation $15,000 - $30,000 +25%

Prices can vary based on the complexity of the case and the experience of the attorney. In Texas, legal fees may be higher due to the demand for specialized real estate legal services.

Complexity of Property Damage Cases

Property damage cases like yours can be complex due to several factors:

  1. Determining Liability: Establishing who is responsible for the undisclosed damages can be challenging, especially if multiple parties (sellers, inspectors, real estate agents) are involved.

  2. Evidence Collection: Proving that the damage was pre-existing and not caused post-purchase requires substantial evidence.

  3. Legal Nuances: Navigating the intersection of real estate law, consumer protection laws, and contract law requires expertise.

Case Study 1: Undisclosed Roof Damage

A homeowner discovered severe roof damage post-purchase. The solution involved hiring a forensic inspector to determine the age of the damage and legal action against the seller for nondisclosure.

Case Study 2: Faulty Plumbing

In another case, a buyer found major plumbing issues after moving in. The resolution involved negotiations for a settlement with the seller, facilitated by a real estate attorney.

Case Study 3: Mold Infestation

A mold infestation was found hidden behind walls. The buyer successfully sued for damages and repair costs under the DTPA, proving the seller knowingly concealed the issue.

Questions for Further Clarification

  1. Were there any warranties or guarantees offered with the home purchase? Understanding the warranties or guarantees can provide insight into your legal options.

  2. Have you communicated with the seller or agent about the damage since discovery? Records of these communications can be crucial in a legal case.

  3. Did you sign any disclosures or disclaimers regarding property inspections? Reviewing these documents is important to understand any legal limitations you may have agreed to.

Common Questions in Real Estate Legal Issues

Q1: What are my rights if I find undisclosed damage after purchasing a home?

If damage was present before the purchase and intentionally concealed, you might have legal grounds for compensation under Texas law, especially under consumer protection statutes.

Q2: How long do I have to take legal action after discovering the damage?

Statutes of limitations apply, which vary based on the claim type. In Texas, fraud claims typically have a four-year statute of limitations, but consult a lawyer for specifics.

Q3: Can I sue the home inspector for not identifying the damage?

If the inspector negligently failed to identify the damage, you might have a claim against them. However, this depends on the terms of the inspection agreement and the nature of the oversight.

Q4: What evidence do I need to prove my case?

Collect all relevant documentation, including inspection reports, photos of the damage, communication with the seller or agent, and expert assessments of the damage.

Q5: Can mediation be a solution in my case?

Mediation can be a cost-effective and quicker way to resolve disputes and is often encouraged in real estate conflicts, but it depends on the willingness of both parties to negotiate.

Disclaimer

This content is for informational purposes only and does not establish an attorney-client relationship. It's always recommended to consult with a local attorney about your specific situation.

Written, answered, changed

Legal question "Do you handle Civil Litigations? I have a home I just bought and found severe damage that was not found during inspection or over-looked on purpose." has been changed 7 months 3 weeks ago. Demonstrate your legal skills and willingness to help and answer right now! Issue is related to the location of Burkburnett & area of law: civil litigation & trial law attorneys.
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A close-up, wide photograph reflecting the theme of seeking civil litigation for a recently purchased home with hidden damages. The image is positive, vibrant, and professional. It depicts a balanced composition of a home inspection scene, where a professional inspector is examining a house carefully. The inspector, a middle-aged Caucasian woman, is using tools like a flashlight and clipboard, inspecting the foundation and floor closely. The house is depicted in a realistic style, showing intricate details
A close-up, wide photograph reflecting the theme of seeking civil litigation for a recently purchased home with hidden damages. The image is positive, vibrant, and professional. It depicts a balanced composition of a home inspection scene, where a professional inspector is examining a house carefully. The inspector, a middle-aged Caucasian woman, is using tools like a flashlight and clipboard, inspecting the foundation and floor closely. The house is depicted in a realistic style, showing intricate details ...

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