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Reliable legal advice would come from an attorney, and not the internet. But in general, the seller would be responsible for failing to disclose a fact if:

1) They knew or should have known about the damage AND

2) Disclosing it would have affected the sales price significantly AND

3) It was not obvious from a professional inspection of the house AND

4) You make a claim within three years of the sale.

So, for example, if the seller painted over a damaged wall then they would be responsible for the omission. However, if there were a blackened wall, and the buyer failed to do a professional home inspection, then the buyer would be responsible.

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Q: If you bought a house that has fire damage and it was not disclosed to you before hand who is responsible?
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