what kind of lawyer fo i need after buying a home and it is rotted

by Zelda Carter 9 min read

Full Answer

What does a lawyer do when buying a house?

Lawyers represent the buyer’s best interests, explain the process to them, and also make sure that the title is clean. In some states, you could have three attorneys involved — the buyer’s attorney, the seller’s attorney, and the mortgage lender’s attorney — in a purchase and sale.

Do you need a lawyer at a real estate closing?

Doni R. Feinberg is a real estate lawyer with more than 20 years of experience in New York and New Jersey, both states that require a lawyer present at closing. She thinks that “it’s important to have legal representation when you’re making a big-ticket purchase — which is also something that most people don’t really understand.”

Do I need an attorney to get a mortgage?

If you’re getting a mortgage with Rocket Mortgage ®, we require you to have an attorney conduct your closing if the subject property is located in any of the following states: Connecticut, Delaware, Georgia, Massachusetts, New York, South Carolina or West Virginia.

Do you need a real estate attorney to buy or sell?

Do You Really Need a Real Estate Attorney to Buy or Sell a House? Answers Ahead If you’re buying or selling real estate, you may have heard you should hire a real estate attorney.

What happens if you buy a house and something is wrong?

If the buyer discovers the defect after closing, the buyer can file a lawsuit. Purchase agreements typically have a clause that provides for the resolution of contract via mediation or arbitration. To be successful, however, the defect discovered by the buyer must be a “material” defect.

Can you sue for something that happened years ago?

Technically you can be sued for anything at any time, but in most cases can succeed on a motion to dismiss because the statute of limitations for most claims is less than ten years.

What are material defects in real estate?

According to the International Association of Certified Home Inspectors, a material defect is anything that: Has a specific issue with a system or component of a residential property. May have a significant, adverse impact on the property value. Poses an unreasonable risk to people.

Can Buyer sue seller after closing in Texas?

You may be able to claim damages from a Texas seller who failed to disclose a home defect -- or even rescind the sale altogether. Yes, you can sue a home seller for undisclosed defects in a single-family residence in Texas.

Can I sue for something 20 years ago?

No, you can't sue after the statute of limitations runs out. But there are situations where the statute of limitations begins late. For example, in a case of medical malpractice, the injury may have occurred weeks, months, or possibly years before the harm and cause of harm are discovered.

How long does a civil lawsuit take?

While an actual trial in court usually takes only a few days, the pre-trial process and the process of preparing a case can take weeks or months. In especially complex cases where both sides present extensive witnesses and lots of technical evidence, even the trial process can stretch on for a long time.

How long do you have to report faults after buying a house?

six yearsYou will in most cases have six years to bring a claim against the seller, which should be ample time for any problems which are going to come about to emerge.

How long are you liable after selling a house?

Normally a buyer would have six years in which to bring a claim against you, although in certain situations it could be three years from when the buyer becomes aware of a problem.

Is there a lemon law for houses?

Is there a lemon law for houses? The short answer here is, no — there aren't comprehensive lemon laws when it comes to real estate. But there are protections in place that are designed to prevent the sale of a “lemon” house equivalent.

Is it legal to sell a house with mold Texas?

Is it legal to sell a house with mold? This may surprise you, but, yes, it's legal to sell a house with mold. There are no federal laws against selling houses with mold, though some states do require the seller to disclose whether a home has had past or present mold issues.

Is Texas a buyer beware state for real estate?

Almost every real estate contract in Texas will state the property is being sold “As Is.” This clause is rarely negotiated and reflects the common law doctrine of caveat emptor or “buyer beware.” The agreement to buy property “As Is” is an agreement to accept the risk that a property may have undisclosed or ...

Is mold a latent defect?

Mold, previous fires, issues with the foundation or any kind of leaks are prime examples of latent defects. It's important to disclose these defects because they could threaten a person's health or safety.

What problems did the seller tell you about when you bought a house?

You probably knew when you bought the house that it wasn't in perfect condition. Some problems, such as a crack in the front walk, might have been obvious. Others, such as aging plumbing, the seller might have told you about in the course of the sale. (In most states, laws require home sellers to disclose all "material" defects to prospective buyers.)

Where to sue for home defects?

Where to Sue Over Home Defects. Your main options for actually filing a lawsuit include: small claims court, if the damages are under a certain limit, or. state court . Filing in small claims court allows you to proceed with your case without a lot of the expensive administrative hassles of a "regular" lawsuit.

What happens if an inspector misses a problem?

In theory, the inspector should have spotted problems that the seller wasn't aware of, or was turning a blind eye to. If the inspector missed problems that an expert (a professional peer) should have noticed, the inspector might be on the hook; that is, legally liable.

What percentage of damages do you pay in a contingency case?

Some attorneys will take this type of case on a contingency basis, meaning you don't pay a fee upfront but pay a large percentage (30-40%) of the damage award. You might still be responsible for paying court costs and other fees, plus expenses such as the attorney's phone calls and postage.

What are the legal bases for a lawsuit?

In legalese, you could potentially sue someone based on any of the following principles, or some combination of them: failure to disclose (according to your state's statute) negligence. fraud. breach of contract. breach of warranty, or. negligent misrepresentation.

How long after a sale can you be angry?

Such problems can come to light days, weeks, or years after the sale, leaving you angry and wondering whether you really have to shoulder the entire financial burden. In such cases, you might actually be able to ask the responsible person to pitch in, and take the matter to court if they don't.

Can a seller have hidden problems?

The seller couldn't have hidden problems that didn't exist during the period of ownership. Again, problems that started post-purchase or that are a natural result of the home's aging or your lapses in maintenance are yours to deal with. Of course, determining when a problem started can get complicated.

Do I need a lawyer to buy a house?

Not only is a home a large financial purpose, but the clauses in your purchase agreement and mortgage agreement also can greatly impact your future. This is why, in almost half of states, an attorney has to at least be present at closing — if not actively overseeing the deal.

What will a lawyer do in the transaction?

How a lawyer can help, and what they’ll do in the purchase transaction, depends on your state. In states that require their help, the lawyer typically reviews the purchase agreement, handles the title review, and oversees the closing.

When else might you want to hire a lawyer?

There are some circumstances when you might want to hire a lawyer even if it’s not required. Not all home purchases follow the traditional path of buy and sell.

Where can I find a lawyer for buying a house?

Agents and lenders handle hundreds of real estate transactions annually. Over time, they’ll learn which attorneys are thorough and professional. They likely have a list of names and numbers they can give you, so don’t be afraid to ask for recommendations!

Who is responsible for a defect in a home?

If you believe that you have discovered a material defect that the seller never disclosed to you prior to the sale of the home, there are three potentially responsible parties, each of whom may have some portion of the liability: The seller.

What is the best way to walk away from a dispute?

If the amount in dispute is simply too much to walk away from, however, then litigation might be the best option. There are a number of legal causes of action that you might be able to assert against the seller, seller's agent, or home inspector: failure to disclose a defect (according to your state's statute)

Do you have to disclose defects in a property before selling?

Nearly all 50 states have laws requiring sellers to advise buyers of certain known, material defects in the property, typically by filling out a standard disclosure form before the sale is completed. Depending on the jurisdiction, this responsibility can override an "as is" clause contained within a purchase contract.

Can you sue a seller for a leaking septic system?

There could be situations where not even the seller knew about the defect. If, for example, an underground septic tank or sewage line was leaking, and the seller knew nothing about it (and therefore did not disclose it to you), you cannot sue over it.

Can you sue a seller for aging plumbing?

Others, such as aging plumbing, the seller might have disclosed to you in the course of the sale, most likely through written disclosure forms (as are required in most U.S. states). In either case, if you knew or should have known about a defect, and chose to buy the home anyway, a court will not allow you to sue the seller.

Do you get a home inspection before buying a house?

Hopefully, you got a home inspection before buying your home. Usually, home inspectors provide a full evaluation of the home's condition prior to closing. In theory, the inspector should have spotted problems that the seller perhaps never knew.

Do houses come with a guarantee?

Also realize that houses don't come with a guarantee. They typically continue their normal processes of aging and decaying, leaving buyers to deal with the consequences—without any grounds to run back to the seller to complain.

What is real estate lawyer?

A real estate lawyer is trained to handle these problems and has the most experience to deal with them.

How to avoid problems with a home purchase?

Avoid Vague or Unclear Terms. A lawyer can help you avoid some common problems with a home purchase or sale. For example, a seller may sign a brokerage agreement that does not deal with a number of legal issues. This happens quite often as realtors often use standard forms, expecting that they will cover all situations.

What to do if a lawyer is not needed during the negotiation process?

Even if a lawyer is not needed during the course of negotiations, both the buyer and seller may want to consult with a lawyer to answer important legal questions, such as the tax consequences of the real estate transaction. The tax consequences may be of critical importance to a home seller.

What is the purpose of an attorney when signing a deed?

Once the deed and other closing documents are signed, an attorney can make sure that these documents are appropriately executed and explained to everyone.

What can an attorney do to help with title insurance?

Assuming you are in an area where title insurance is customary, an attorney can help review the title search and explain the title exceptions as to what is not insured. They will also determine whether the legal description is correct and whether there are problems with adjoining owners or prior owners.

What happens if you are the only person in the US without a lawyer?

If you are the only person there without a lawyer, your rights may be at risk.

Can a realtor be forced to pay more than one brokerage commission?

In the absence of an agreement to the contrary, the seller may become liable to pay a brokerage commission even if a sale does not occur, or they may be forced to pay more than one brokerage commission.

Why do you need an attorney for a home purchase?

Here are a few reasons you might need or want an attorney to be part of your home buying team: State or lender requirement: Every state has slightly different laws regarding real estate transactions, and some states consider certain actions that are part of the process to be “practicing law.”. These regulations are often meant to prevent real ...

What is a real estate attorney?

A real estate attorney is someone who is licensed to practice real estate law, meaning they have the knowledge and experience to advise parties involved in a real estate transaction, such as a home sale.

Who is in charge of closing a home?

In some cases, a real estate attorney is also the person who’ll be in charge of your closing. In a home purchase transaction, both the buyer and seller can hire an attorney to represent their interests during the process. Or, in the case where an attorney is overseeing a closing where the home is being purchased with a mortgage loan, ...

Is it legal to buy a home?

Buying a home isn’t just a simple purchase; it’s also a legal transfer of a property from one entity to another. Because the legal side of this transaction can be so complex, sometimes it makes sense (or is even required) for home buyers or sellers to enlist an attorney who can look out for their best interests.

Do you have to have an attorney at closing?

If your mortgage lender requires an attorney to be present at closing, whether the buyer or seller covers the cost of the closing attorney will depend on how your contract was negotiated. If you want your own attorney in addition to the one required by your lender, you’ll also pay for any services they provide you.

What can a lawyer do for a seller?

The seller should have the advice and guidance of a lawyer when buying a house with respect to a brokerage agreement. ...

What happens if you are the only person in the US without a lawyer?

If you are the only person there without a lawyer, your rights may be at risk.

What is the contract between a seller and a real estate agent?

In the typical home purchase, the seller enters into a brokerage contract with a real estate agent, usually in writing. When the broker finds a potential buyer, negotiations are conducted through the broker, who most often acts as an intermediary. Once an informal agreement is reached, buyer and seller enter into a formal written contract for ...

Who serves the seller in a real estate transaction?

Throughout the process, the buyer's and seller's interests can be at odds with each other, and even with those of professionals involved in the sale. The broker generally serves the seller, and the lender is obtained by the buyer. Both want to see the deal go through, since that is how they will get paid.

Can a seller be liable for a brokerage commission?

But in the absence of an agreement to the contrary, the seller may become liable to pay a brokerage commission even if a sale does not occur, or to pay more than one brokerage commission. If the agreement allows the seller the right to negotiate on his or her own behalf, for example, you may avoid this problem.

What is a real estate lawyer?

A real estate lawyer is licensed to practice law and specializes in real estate transactions. A real estate lawyer is familiar with all aspects of the home purchase process and can represent buyers, sellers or lenders. In states where a lawyer is required to be present at closing, it’s possible that the lawyer is there solely to represent ...

What are some situations that are unusual and might require an attorney’s advice and negotiating skills?

Here are some situations that are unusual and might require an attorney’s advice and negotiating skills: You’re buying a home that is part of a special type of sale, such as an estate sale, short sale, auction or purchase from a bank. You’re purchasing a home that’s in another state.

What could affect the timeline for closing on a home?

Your timeline for closing on the property could be affected by the sale of your own home or issues largely outside of your control, such as unexpected lender delays. Inspection. A home inspection can uncover many problems, and a seller and buyer could end up negotiating on who will pay for repairs.

What is closing on a home?

Closing. The moment you’ve been waiting for— closing on a home sale or purchase —often involves dozens of pages of legal documents to review. A lawyer can help both the seller and buyer navigate the review, which can be especially intimidating and confusing to a first-time homebuyer.

Why is it important to have a lawyer in a negotiation?

This is important because when you’re in the middle of a potentially contentious negotiation that needs to be resolved quickly, you’ll want the lawyer to be available to advise you and negotiate with the other party.

What is the most important document in the home sale process?

It can help you avoid potential problems down the line by making the contingencies as favorable to you as possible. The contract is the most important document in the home sale process, and it includes several negotiable issues. Some of the most important issues in the purchase contract involve: Timing. Your timeline for closing on the property ...

Can a lawyer review a purchase contract?

Although real estate agents usually play a central role in preparing purchase contracts, a lawyer could provide a review of the purchase contract terms. What’s more, real estate agents are generally limited to filling out contract templates, rather than drafting them from scratch.

Why do you need an attorney when selling a house?

You’re the heir or executor of a property whose owner is now deceased. You’re selling a house with an uncooperative partner. You have judgments or liens on the property.

Why do I need a real estate attorney?

Reasons to hire a real estate attorney even if it’s optional 1 You’re an out-of-town buyer. 2 You’re buying a property that is a short sale or bank-owned. 3 You’re buying a property that is part of an estate sale. 4 You’re buying a commercial property. 5 You’re buying a property that could potentially have some structural issues. 6 You’re buying a property in a problematic area such as a flood zone or areas with adverse conditions (tornado-prone, radon, toxicity levels, etc.).

What is the education required for real estate agents?

As part of agents’ licensing education, they’re taught and tested on real estate contracts used within their state, many of which also require continuing education courses and/or certifications on subjects such as ethics, buyer’s agency, distressed property sales, and more.

3 attorney answers

You want a real estate lawyer that specializes in construction defect cases. Should be easy to find someone in Avvo.

Ben Isaac Rust

I'm sorry to hear about your construction ordeal. Construction horror stories are not uncommon. You should consult with an attorney who has knowledge related to real estate, New Jersey's New Home Warranty and Builders' Registration Act, and the New Jersey Consumer Fraud Act.

Elliott Malone

You should have received a home warranty when you closed on your new construction. You should contact the company issuing that warranty and begin the claim process as soon as possible.