I’m glad you’ve reached out. If you’ve discovered major structural problems in your home that the previous owner didn’t tell you about, you may have a case for failure to disclose or fraudulent concealment depending on the circumstances. Colorado law requires sellers and builders to disclose any hidden defects that greatly affect a property’s value or desirability. 

Both fraudulent concealment and fraudulent nondisclosure involve the withholding of material facts. Fraudulent concealment typically involves actively hiding significant issues affecting a home. In contrast, fraudulent nondisclosure focuses on the failure to fulfill a duty to disclose material information.

To prevail in a fraudulent concealment claim, you generally need to show: 

1. The seller hid a critical fact about the property from you

2. The seller knew about the hidden fact

3. The buyer didn’t know about the fact until it was too late

4. The seller intended to deceive the buyer by hiding the information

5. The buyer suffered damages as a result of the hidden information

The longer you wait after discovering the fraud, the harder it becomes to hold the seller liable, especially if you have lived in the home for a while. My advice is to consult one of our experienced real estate attorneys as soon as possible; our team can advise you on an appropriate path forward. 

Waiting any longer may give the seller reason to suspect you of unjust enrichment, although time may be on your side if you still need to gather evidence. 

I hope this helps.