We just found out new home has defective foundation. Can we sue the seller or real estate agent?

Additional Information:

My wife and I moved into our first home in Wellesley and discovered a defective foundation.  We contacted engineers and contractors and discovered that the sellers had contacted them previously for foundation repair bids.   The foundation issues were not disclosed to us prior to buying the property. Isn’t it obvious that the sellers knew the house was settling as they sought out repair bids?  Furthermore, we discovered records showing the house was painted 2 times in just 3 years. Does this sound like a strong case?  Who would we hire- a litigation attorney or a real estate lawyer?


A seller of a primary residence is not required to disclose defects in the property unless he/she is asked and misrepresents facts to you.   A better option would be a suit against the home inspector (if you had an inspection performed). 

Attorney Alan Fanger is a Wellesley professional malpractice attorney. He serves the entire Greater Boston and Boston metrowest region including Norfolk County, Suffolk County, Middlesex County and the communities of Arlington, Boston, Braintree, Brookline, Cambridge, Canton, Concord, Dedham, Dover, Framingham, Lexington, Milton, Natick, Needham, Newton, Norwood, Quincy, Sherborn, Sudbury, Waltham, Wayland and Weston, Massachusetts.

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