Seller did not disclose previous damage

[abedee]

What is the name of your state? AZ

Just purchased home in Oct 07. inspection showed crack in drywall that went up entire corner in bedroom that sellers didnt disclose. we had a foundation expert inspect home & stated foundation was fine, recommended at some point piers be installed on one side of home, but stated it was a sound home to buy. sellers gave small amount of money to fix repairs they disclosed (minor stuff) including crack in wall. over the course of a couple of months more cracks appeared in the corners in almost every room including ceiling in kitchen and living room (vaulted ceilings). contacted home insurance, but they stated that it would most likely not be covered because it was not a sudden emergency situation or damage (since there is no water damage, etc.). They sent out adjuster to take pictures. he stated the damage is visible to show that the previous owners previously patched up the cracks & should have known & disclosed. we do agree on that and feel upset that this was not disclosed. we are not sure what to do at this point, what our next step should be, if we should hire an attorney or talk to someone. Since we just recently purchased the home, we don't have enough money to even hire an attorney. i'm really bummed out because i wanted to start painting the rooms and inviting people over, but now I feel that we shouldn't do any of that. Is this now OUR problem to deal with and should we just fix the cracks ourselves or do the previous sellers have some responsibility?What is the name of your state?

[Cedrus]

When was the home built? In the last few years? Builder may have some warranty issues with you.

Is this a summer/shrink; winter/expand, soil issue?

Are there other homes close by having this problem?

[JETX]

Originally Posted by abedee

we are not sure what to do at this point, what our next step should be, if we should hire an attorney or talk to someone. Since we just recently purchased the home, we don't have enough money to even hire an attorney.

The last sentence above limits ANY recourse you might have. Get a qualified expert in to evaluate what the REAL damage potential is and what the costs might be. Then send the seller and their agent a very nice PROFESSIONAL letter advising them of the problem and asking what their intentions may be as to POSSIBLE failure to disclose. Don't be belligerent or abusive.
If they agree to help you, great. If not, then without the money for an attorney, you really have nothing else you can do.

[HomeGuru]

Was the foundation expert hired before or after closing?

[notw]

Originally Posted by abedee

What is the name of your state? AZ

Just purchased home in Oct 07. inspection showed crack in drywall that went up entire corner in bedroom that sellers didnt disclose. we had a foundation expert inspect home & stated foundation was fine, recommended at some point piers be installed on one side of home, but stated it was a sound home to buy. sellers gave small amount of money to fix repairs they disclosed (minor stuff) including crack in wall. over the course of a couple of months more cracks appeared in the corners in almost every room including ceiling in kitchen and living room (vaulted ceilings). contacted home insurance, but they stated that it would most likely not be covered because it was not a sudden emergency situation or damage (since there is no water damage, etc.). They sent out adjuster to take pictures. he stated the damage is visible to show that the previous owners previously patched up the cracks & should have known & disclosed. we do agree on that and feel upset that this was not disclosed. we are not sure what to do at this point, what our next step should be, if we should hire an attorney or talk to someone. Since we just recently purchased the home, we don't have enough money to even hire an attorney. i'm really bummed out because i wanted to start painting the rooms and inviting people over, but now I feel that we shouldn't do any of that. Is this now OUR problem to deal with and should we just fix the cracks ourselves or do the previous sellers have some responsibility?What is the name of your state?

I'm in a similar situation right now.

I consulted a real estate attorney and he suggested taking the seller to small claims.

Did the adjuster give you an estimate?

After watching those court shows, I feel confident that I will win as long as I provide all my documentation that the seller knew about the problem and failed to disclose. Make sure to have a clear copy of the disclosure with you.

[seniorjudge]

Originally Posted by notw

...After watching those court shows, I feel confident that I will win as long as I provide all my documentation that the seller knew about the problem and failed to disclose...

After watching Desperate Housewives, I view my female neighbors in a whole new light!

[JETX]

Originally Posted by notw

I feel confident that I will win as long as I provide all my documentation that the seller knew about the problem and failed to disclose.

Wow!! Incredible help!!
Seems so simple..... File a lawsuit, present enough evidence to win.
Who'd a thunk it was so easy??

[HomeGuru]

Originally Posted by JETX

Wow!! Incredible help!!
Seems so simple..... File a lawsuit, present enough evidence to win.
Who'd a thunk it was so easy??

**A: sounds like a slam thunk winning case.