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Buying a home is a significant investment, and most buyers expect a clean title and an honest disclosure of any property issues. But what happens if you move in and later discover something the seller never told you? In Massachusetts, you may have legal options, but only for a limited time. Whether it’s a hidden defect or a potential case of misrepresentation, it’s important to understand how long you have to take legal action.
Understanding Post-Closing Disputes
After the deal closes, the new owner might uncover problems that weren’t obvious at the time of purchase. These issues can lead to frustration and, in some cases, lawsuits. Common post-closing disputes include:
- Water damage or foundation problems that were covered up
- Mold or pest infestations not disclosed during the sale
- Title defects that affect ownership rights
- Claims that the seller misrepresented the condition of the home
- Failure to follow specific contract terms
Not every issue is grounds for a lawsuit. Massachusetts law sets limits on when and how buyers can hold sellers accountable, depending on the situation and the type of claim.
The Statute of Limitations in Massachusetts
A statute of limitations is the legal time limit for filing a lawsuit. In Massachusetts, the time you have to sue a seller depends on the nature of the problem and the type of legal claim. Here’s a quick breakdown:
- Fraud or misrepresentation: 3 years from the date you discover (or reasonably should have discovered) the issue
- Breach of contract (written): 6 years from the breach
- Negligent misrepresentation or tort-based claims: 3 years from when the harm is discovered
These timelines are strict. If you wait too long, even a strong case could be dismissed. In limited cases, the clock may be paused or “tolled.” This can happen, for example, if the seller deliberately hid the issue. But courts are cautious about allowing exceptions, so it’s best not to delay.
What Counts as Seller Misrepresentation?
Massachusetts follows the principle of “caveat emptor,” or “let the buyer beware.” That means sellers aren’t required to volunteer information about a property’s defects unless directly asked. However, they cannot lie or conceal known problems.
Misrepresentation occurs when a seller provides false information or actively hides a defect. For example:
- Painting over water stains to cover a roof leak
- Claiming the home has no pest issues when there’s ongoing termite damage
- Providing false information on a Seller’s Disclosure Statement
If the seller knew about a serious issue and failed to disclose it after being asked, you may have a valid claim. However, proving intent and knowledge can be challenging, which is why legal guidance is so important.
Legal Options and What to Do First
If you’re concerned about something you’ve discovered after closing, here are a few steps you should take before jumping into a lawsuit:
- Review your purchase documents, including the contract and disclosure forms.
- Get a qualified inspection to confirm the nature and extent of the issue.
- Contact a real estate attorney to help you assess your options.
Depending on the circumstances, you may be able to pursue:
- Financial damages for repair costs
- Partial reimbursement for the reduced value of the property
- In rare cases, cancellation of the sale (rescission)
Whatever route you take, don’t wait too long. The longer you delay, the harder it becomes to take action and the more likely it is that your legal window will close.
How We Help Buyers Protect Their Rights
At LaFountain & Wollman, P.C., we assist clients across Massachusetts who are dealing with hidden property defects, contract issues, or post-sale disputes. We’ll review your situation, explain your legal options, and help you act within the correct timeline. Real estate cases can be complex, but we’re here to make the process more manageable and less stressful.
Don’t Let Time Run Out on Your Claim
If you believe the seller misled you or failed to disclose a serious issue, you may still have time to pursue a claim. Contact LaFountain & Wollman, P.C., today to schedule a consultation. We’ll walk you through the facts and help you understand the options available to you under Massachusetts law.