Why a Real Estate Planning Lawyer in Moline IL is Key in Successfully Resolving Home Defects Cases

by | May 15, 2020 | Lawyers and Law Firm

When you purchase a home, you probably expect to be able to settle into it with no additional hassles or problems. Unfortunately, things don’t go that smoothly for everyone. In some cases, a new homeowner may discover the home has a major and costly defect. Fortunately, the law does provide some protection for the buyer in these cases. If you plan to bring a lawsuit against the seller for the cost of fixing the defect, here’s why you should inquire about hiring an attorney for help:

Figuring Out Who Can Be Held Liable

The first thing you’ll have to figure out is who you should actually be going after. The seller could possibly be liable if they had knowledge of the defect but didn’t disclose it to you. However, it may also be the real estate agent’s fault if the seller told them about the problem but they didn’t relay the information. Still, you might sue the home inspector if they did not do their job correctly. If this sounds confusing, a estate planning lawyer in Moline, IL can assist you in solving the liability problem. They’ll help you avoid wasting time by investigating your case and figuring out where the liability lies.

Proving Your Case in Court

Proving your real estate defect case in court means being able to prove five things:

  • The defect existed prior to purchase.

  • You could never have discovered the defect on your own.

  • Someone else knew about the defect but did not tell you or lied to you about it.

  • You would have made a different decision had you known about the defect.

  • Your damages are the direct result of someone failing to disclose the defect.

While you may see these things as pretty straightforward, you case can go down the drain if the other party denies the allegations and you don’t know what to do. Your real estate planning lawyer in Moline, IL is skilled at gathering evidence, hiring experts, and presenting cases, and they’ll be able to assist you in clearly proving the aforementioned points.

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