What are latent defects in a property?

What are latent defects in a property?

A latent defect in a property is a defect not discovered and not discoverable upon inspection, for example plumbing issues and termite infestation in concealed. areas. A latent defect also includes a hidden defect in the title to land, for example an incorrect property description.

What happens if you don’t disclose something when selling a house?

If a seller fails to disclose, or actively conceals, problems that affect the value of the property; they are violating the law, and may be subject to a lawsuit for recovery of damages based on claims of fraud and deceit, misrepresentation and/or breach of contract.

Can I sue someone for something that happened 10 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.

How long do latent defects last?

Latent defects are defects which are not apparent or readily detectable until years after a project is completed, when the defects liability period is over. Latent defects are concealed flaws; defects which do exist but are hidden in some way.

What are examples of latent defects?

Examples of material latent defects include:

• Foundation instabilities or cracks.
• Leaks in the ceiling or roof.
• Plumbing issues (i.e. water leakage in basement)
• Toxic conditions, such as the presence of lead, mold, radon or asbestos.
• Faulty electrical wiring.

Can you be sued for not disclosing house issues?

Yes, you can sue the seller for not disclosing defects if your attorney can prove that the seller knew about the defect and intentionally failed to disclose it. Unfortunately, many sellers know about defects.

What happens to personal property left behind by a tenant in Nevada?

Sometimes when a tenant vacates a rental property – whether the tenant leaves voluntarily or because the tenant is evicted – there is personal property of the tenant’s left behind on the property, including essential personal items. Nevada law specifies what a landlord can and must do with the tenant’s personal property.

Can you sue the seller for failure to disclose defects?

The seller is not liable for failing to disclose the full extent of the water damage. In such instances, courts place the duty on the buyer to fully investigate defects that are disclosed by the seller. All of this makes it hard to successfully bring claims against a seller for failing to disclose defects.

What to do if someone refuses to return your property?

You can file a conversion suit to reclaim the value of your property when someone else, without your consent, either damages or fails to return it. You can also sue for negligence or other cause of action as it fits your case.

When to give back personal property after eviction?

During the five days following the eviction or a lockout of a tenant, the landlord must give a tenant reasonable opportunity to get back essential personal items, like medication, baby formula, basic clothing and personal care items. (NRS 118A.460 (3).)

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