After entering into an agreement, did you receive disclosures that did not match what was discovered? You may have a breach of contract or negligent misrepresentation. You may have a fraud claim if the failure to disclose was intentional. Did your inspector fail to do his job?
Relying on a person to proceed with services or maintenance of a property without the presence of the owner can be risky. Sometimes people fail to disclose information to protect themselves from the repercussions of a bad job, causing the owner to deal with the consequences. It is not the landlord’s place to deal with these repercussions.
The law provides:
Standard of Care and Duty
Real estate inspectors are governed by the Texas Real Estate Commission Rules and Regulations which set out the standard of practice for a real estate inspector. It sets out what they must do, and it also sets out what they are not required to do. Section 535.337(b)(1) of the TREC Rules states: “These standards of practice define the minimum levels of inspection required for substantially completed residential improvements to real property up to four dwelling units.” In addition, Section 535.227(a)(1) and (6) only require that the inspector inspect accessible parts of a house.
Breach of Contract claim
The elements of a breach of contract claim are (1) a valid contract; (2) performance or tendered performance by the plaintiff; (3) breach of contract by the defendant; and (4) damages sustained by the plaintiff because of that breach.
If you know of someone that attempted or is attempting to take advantage of you by failing to disclose information pertaining to your property, we welcome you to contact one our real estate attorneys. We have experience in these types of cases and would be able to properly assist you. Please call us at 713-572-4900.