Posted by eric on September 14, 2004 at 16:04:55:
Depends on what state you are in. Generally, a seller must disclose all latent, material defects that he actually knows about.
In CA, the courts are split on whether the seller is required to disclose past problems that were subsequently repaired. The better practice is to disclose and put the buyer on notice of the potential problem and thus absolving themselves of future claims.
The question is how much money do you want to spend on attorney’s fees litigating this? I’m sure that the purchase K has a fees provision, but you will still need to litigate to finality and be deemed the “prevailing party” in order to recover your fees. You may be required to demand mediation prior to initiating any legal action to preserve your attorney’s fees.