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Q: What are my legal options after house disclosure misrepresentation in NH?
I purchased a house in November 2022 and discovered it had multiple issues, including being on cinder blocks instead of pillars as disclosed by the previous owner. After a professional inspection confirmed the issues, I had a lawyer send a demand letter, but the owner did not respond. She offered to settle for $1,500, but I have already spent more than that on repairs. What are my legal options to pursue this further?
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James L. Arrasmith
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A:
That’s a difficult and frustrating situation—especially when you made the purchase in good faith and now you're dealing with unexpected repair costs. In New Hampshire, sellers are required to disclose known material defects, and misrepresenting something structural like the foundation may be considered fraud or negligent misrepresentation. If you have documentation proving that the home was listed as having pillars and the inspection revealed otherwise, you may have a solid case to move forward.
Since the seller ignored the demand letter and only offered a small settlement, your next step could be to file a lawsuit for damages. You can seek compensation for the repair costs and potentially for the loss in property value, depending on how serious the issue is. Be sure to gather your inspection report, the disclosure forms, your purchase contract, and any communication that supports your claim.
If the amount you’re seeking is under the small claims court limit in New Hampshire (currently $10,000), you may be able to pursue the case there. If it's more, you’ll need to file in a higher civil court. You’ve already taken a strong step by involving a lawyer—now it’s about deciding whether to accept a low settlement or continue to press for the compensation you deserve. You didn’t ask for this headache, and it’s okay to expect accountability.
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