Question: a large foundation crack resulting in moisture seepage on the floor and surrounding walls in one of the seven rooms in the basement. Since this room is unfinished, we wanted to install insulation and drywall, but first we had to remove the “new” carpet that the seller installed on the floor in this room. This is when we discovered the crack and large wet areas. After removing the carpet in this room, the stench of dampness was very strong and quickly spread throughout the house.
Because there was the “new” carpet, this condition was undetectable during the inspection process.
A: First, let me caution you about calling someone fraudulent; if it’s not true, you can be sued for libel.
There is in the law a concept known as “the discovery rule.” Your case starts — and the applicable statute of limitations begins to run — when you first discover a problem. While I cannot provide you with a legal opinion, it would seem you still might have a case based on your recent discovery. More importantly, the typical statute of limitations is two or three years; you just bought the house.
However, you need proof. Did your seller know about the crack? Did he instruct the carpet company to cover it? Have you discussed the matter with the carpet company to see if you can get the proof you need? And I suspect that company may be very reluctant to talk with you for fear they may also be sued.
Get yourself a different attorney to determine if you have a case.
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