Mr. Goodwin is everything you want in an attorney: professional, honest, thorough, and genuinely caring. He always explains things clearly, so I understood exactly what was happening and what to expect next. His attention to detail and persistence really stood out. Looking back, I feel lucky to have found him. He guided me through the whole process expertly, and I deeply appreciate all his hard work. Would definitely recommend him to anyone needing legal help.
Seller Failed to Disclose Property Problems in New York
When a seller hides major problems from you, you may be able to get some of the money back from them.
Here are some possible problems:
- bad neighbors
- property restrictions
- environmental issues
- structural defects
Or it can be other major problems that the seller hid from you.
The Law: In New York, sellers must tell you about problems they know. If they hid major problems, you can sue them and possibly get some of the money back.
You'll learn about:
Identifying Hidden Defects
Legal Remedies Available
Compensation & Damages
Protecting Your Investment
If you bought a property and found out the seller hid major problems from you, you may have options that you can pursue both in and out of court.
Law Offices of Albert Goodwin, PLLC
31 W 34 Str, Suite 7058
New York, NY 10001
31 W 34 Str, Suite 7058
New York, NY 10001
Types of Hidden Problems
Sellers might hide different kinds of problems that overstated your property's value and make it harder than you thought to live there.
Structural & Safety Issues
Foundation problems, roof damage, and broken systems cost the most money to fix. You need to fix these right away, and it's expensive.
Examples: cracks in your foundation, hidden water damage that causes mold, old electrical wiring that could start fires, and broken heating/cooling that makes your home unlivable.
Environmental & Legal Issues
Pollution and legal restrictions can stop you from using your property normally. This includes dirty soil from old factories, flooding problems that make insurance hard to get, and rules that stop you from building.
Fixing these problems can cost tens of thousands of dollars. Some problems never go away and limit what you can do with your property forever.
Neighborhood & Usage Problems
Bad neighbors and community problems can make your life miserable and hurt your property value. This includes loud neighbors, crime nearby, or neighbors who use your land without permission.
New buildings that block your view, rules that stop you from renting out your property, and neighborhood association fights can also hurt your investment.
Legal Remedies & Compensation
When sellers hide major problems from you, New York law gives you ways to get money back. The law tries to put you back where you would have been if they told you the truth.
Monetary Damages
You can get money to pay for fixing the problems. This includes the cost of repairs, which can be thousands or hundreds of thousands of dollars.
You can also get money for the difference between what you paid and what your property is really worth. Courts may give you money for hotel costs while you fix your home, lost rent money, and inspection costs.
If the seller lied on purpose, you might get extra money as punishment for their bad behavior.
Available Legal Actions
You can sue because the seller broke their contract with you. This happens when they didn't tell you about problems they were supposed to tell you about.
You can also sue for fraud when sellers hid problems or lied about them. Fraud cases can get you more money. Sometimes you can even cancel the whole sale and make the seller buy back the property.
You might also be able to sue your real estate agent or inspector if they should have found the problems but didn't tell you.
What You Need to Know
To win your case, you need good records and expert opinions about the problems and how much they cost. Save all your evidence right away and get professionals to look at the damage.
You have limited time to sue. In New York, you have 6 years for contract cases and 3 years for fraud cases. But settling out of court is often faster and more certain than going to trial. Talk to a lawyer soon to understand your choices.
How to Get Your Money Back
When you find hidden problems after buying, getting your money back usually takes 6-18 months:
-
1
Finding and Recording Problems
When you find hidden problems, start taking pictures and videos right away. Save any records that show the seller knew about the problems.
Get experts to inspect the problems and tell you how much it costs to fix them. Look through all your buying papers to see if the seller lied or hid things from you.
-
2
Getting Legal Help
A real estate lawyer can look at your evidence and tell you if you have a good case. They'll check if the seller really knew about the problems and if the problems are big enough to matter.
The lawyer will figure out how much money you might get and make sure you don't run out of time to sue. They'll plan the best way to get your money back while keeping costs low.
-
3
Asking for Money Back
Your lawyer will write a letter to the seller asking for money back. This letter shows your evidence and often gets sellers to talk about settling. This is faster and cheaper than going to court.
Sometimes a mediator can help you and the seller agree on a settlement. Your lawyer will also check if the seller has insurance that might pay for your damages.
-
4
Going to Court
If the seller won't pay you back fairly, you can sue them. In court, your lawyer can get more evidence about what the seller knew and did.
Expert witnesses will tell the court how bad the problems are, how much they cost to fix, and how much your property lost in value. Even during a lawsuit, the seller might still agree to settle.
-
5
Getting Your Money
Whether you settle or win in court, you'll get money to fix the problems and pay for your losses.
Your lawyer will help you collect the money, find contractors to fix the problems, and handle any tax issues. They'll make sure you get the most value from your settlement or court win.
Getting a lawyer early helps you win more money. Acting fast saves evidence, protects your rights, and often leads to better settlements.
What Sellers Must Tell You
What Sellers Must Tell You
New York law says sellers must tell you about problems they know that hurt your property's value or make it hard to live there. This includes physical problems, legal issues, environmental problems, and neighborhood issues.
Sellers must tell you about structural problems, pollution, rules that limit how you use your property, bad neighbor problems, and previous insurance claims or damage. They can't just stay quiet about problems they know about.
The key word is "know" - sellers must tell you what they know, but they don't have to go looking for problems. But if they hide or lie about problems they know, that's fraud.
Your Rights as a Buyer
When sellers hide big problems from you, New York law gives you ways to get money back. What you can get depends on how bad the problem is, when you found it, and how much the seller knew and hid.
You can get money for repair costs and lost property value, cancel the whole sale and get all your money back, extra money if the seller lied on purpose, and sometimes your lawyer fees too.
Courts look at how big the problem is, how much the seller knew and hid, whether you had good reason to trust them, and how much the problem hurts your property's value and use.
How to Protect Yourself
You can sue sellers after they hide problems, but it's better to protect yourself before buying a house. Being careful when you buy a house helps prevent problems. Acting fast when you find problems helps you get more money back.
Protecting Yourself When Buying a House
Get good home inspections that check more than just basic things. Hire experts to check the house structure, environment, and all the systems. They can find problems that aren't obvious.
Research the neighborhood yourself. Visit the house at different times of day and week. Talk to neighbors about any problems. Check government records for violations, environmental reports, or legal fights that might affect the house.
Get a lawyer to write strong protection into your house purchase contract. This makes it easier to sue the seller later if they hid problems from you.
What to Do When You Find Problems in Your House
When you find hidden problems in your house, start taking pictures and videos right away. Save anything that shows the seller knew about the problems.
Get experts to check the problems and tell you how much damage they caused to your house. They should tell you how much it costs to fix, how much your house lost in value, and if there are ongoing risks. Getting opinions from multiple experts makes your case stronger.
Call a lawyer quickly after you find problems in your house. In New York, you have limited time to sue once you find the problems. A good lawyer can tell you if your case is strong, help you save evidence, and plan the best way to get your money back without wasting time and money.
About the Author
Albert Goodwin
Albert Goodwin is a real estate attorney in New York with over 17 years of litigation experience. He helps people who bought houses and found out the seller hid major problems from them.
Mr. Goodwin handles cases involving hidden defects, fraud, and seller non-disclosure. He knows how to get money back for people who were tricked by sellers.
He handles cases with structural problems, environmental issues, bad neighbors, and other hidden defects that sellers should have told buyers about.
If you've discovered undisclosed problems after purchasing property in New York, contact the Law Offices of Albert Goodwin for experienced legal guidance on your rights and remedies.
