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Additional Details
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ricksliss | We just bought our house, old owners said basement doesnt flood, it does. What can we do? Are they liable some |
we bought this house because the owners said the basement did not flood, we use at as living space, and now it floods and cannot be used.We just bought it a year ago. |
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fun_guy_otown
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They could be, based on the terms of sale and property acceptance. You would need to reference your original sale contract between you and the broker or agent or if if was sale by owner then whatever contract you had written for the deed exchange. |
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Fryemall
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Most likely yes. In most states the owner is required to disclose anything the know that would materially effect the use or value of the home. However, you have to do some due diligence yourself. If the title report indicated the home is in a flood zone, you probably should have asked about it. In either case, since the prior owners knew about the issue, they are at fault.
Your best recourse is to talk to the agent you worked with to buy the house and engage the prior owners in a dialogue first. You may be better off going through mediation and then binding arbitration before heading straight to a real estate attorney. The attorney will cost you more and take longer to settle the case. |
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Dub over here
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Go find your realestate closing and search through it. There should be a page in there that the previous owner signed saying that there is no leaking in the basement of the house.When u say "FLOOD" is it after heavy rain or moderate rain. If you've had the house a year and this is the first time that is has flooded than you may be out of luck....If the leak is below grade it is a pretty easy fix.Go to Home Depot or lowes and tell them your probllem. I had the exact saem thing happen to me and I fixed it myself for 1 hour of work and $90. YOu could also get hydraulic cement and patch the basement that way.
If your looking to get the previous owner to pay it may take up to 2 years!!!.
You may br better off putting it down as a life lesson and just move on even though you may feal cheated!!
Good luck |
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nana4dakids
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I don't know but I would contact a real estate attorney and find out. That's the only thing I can think of. |
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dreamcatcher8993
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Yes. They are legally obligated to disclose that. |
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michbarn99
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If you can prove that the sellers had knowledge of wetness in the basement, you can sue them. If you had an inspection, you can sue the inspector (if he didn't catch it in the inspection); however, if the seller purposely did something that kept the inspector from being able to spot possible water damage, it is back to the seller. And, of course, you can sue the seller's Realtor, especially if there is evidence of prior water damage-it would be better if you could work it our with the previous owners, but I know that at least in Indiana, where I am a licensed Realtor, we carry E and O insurance, which is kind of like a malpractice insurance for things such as this.
The other problem, like someone else mentioned is that you say you've owned the house for a year-that is a long time to just now be noticing this, and may make it harder for you to win a lawsuit. |
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loving father
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You may have a variety of options... First talk to the neighbors and find out if they know if it has flooded in the past. If the answer is yes, and the previous home owners failed to disclose this information on their sellers disclosure statement, you have a legal basis for argument - LAWSUIT! If it has not flooded before, but is now, there may not be any legal recourse available to you. Talk to the realtor that helped you buy the home. they may suggest arbitration, which costs around $500, and can be legally binding. This being a significant invonvenience... if it WAS known about and hidden from you, they are going to be in big trouble financially. Good luck! I hope it all works out for you! |
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shoegodess
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Did you get homeowners Warranty? Hopefully yes. Other wise read over your inspections carefully. There is a spot they had to sign about flooding. If they signed it off as no flooding and you can prove they knew, you can hold them liable. Also your inspector can be held responsible if he didn't do a proper job. Good Luck! |
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adamdiran
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Yes you can sue them if you can show that they knew it would flood. At that point its a failure to disclose, or even worse a material misrepresentation.
Did you get a hime inspector? Can yiu get an expert now who can say definitevely that if flooded in the past?
If so you need a lawyer, you absolutely can sue. |
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Quietman40
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ugh. I had the same problem. What does it say in your original home inspection report? And did they say it did not leak in front of witnesses? Talk to your lawyer. You may indeed have a case. But a year is pushing the envelope to be sure. |
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thetoothfairyiscreepy
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if they flat out lied about it, then it's fraud, and is a punishable offense.
first off, though: did they have to provide a property disclosure stating any latent defects, etc? did you use a realtor???
a few more details and your question may be answered better~! |
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Some Guy
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In most states you have few legal remedies available to you. In real estate, it's buyer beware - as soon as the title passes to you, most terms of the real estate contract legally dissolve - as if there were never a contract at all. Except that you are now the owner, and you're now responsible for everything about the property - tax liens against it, repairs, etc... If you had a bad lawyer represent your purchase, you could end up paying off the previous owner's dishwasher. You may disagree with this, but the law is clear and established - and since it's the law, it is right.
You own the house. The law says that the flooding is your responsibility. In theory, you could have had an inspector look for old flood damage, etc before you completed the purchase.
If you live in a state that has seller disclosures, you'd have to prove that the previous seller knew about the problem - and that is a very tough nut to crack. |
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krys2130
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Hi I had the same problem, we bought our house on July 1st and have been having issues with water seeping through the basement corners, and through the walls. There was no disclosure stating that there was no water problems, and there was no disclosure stating there was water problems. I contacted several contractors in my town and they had been called in before by the previous owners about the basement leaking but not one of them had done any work. I live in a very small town with only 4 contractors.
I started talking to my neighbors and taking pictures, and videos, as well as recording dates and times of people I spoke with and what they said, as well as dates of when I noticed the problems. I contacted my lawyer and he said we definitely have a case based on the records that I have, pictures, videos etc. I am currently still going through the process of having the issue resolved, whether we go to court or settle out of court. But I have received a letter yesterday from an insurance company who is representing the previous owners. So I am assuming this will be settled in a short period of time as the previous owners are putting it through their insurance. I can only assume that they can do this if they had a previous claim that they did not follow through with.
The problems we had with the basement were Latent defects which are not visible with a proper inspection. If there had been cracks in the basement or water pouring in it would have been our responsibility to further investigate prior to the purchase. But with our situation, we inspected the basement (unfinished) which had been freshly painted and very clean, no musty smell no mould. After a few months and much rain we had water seeping through the floor, through the walls, through the corners; there was mould forming all throughout the basement as well as efflorescence. After we noticed this problem upon further inspection we noticed that the previous owners had painted over the mould. In our case there was no way of knowing that there was any kind of problems with the basement and never had we expected there to be.
I can only say that the next house I purchase, I will be skeptical of any fresh paint in the basement, or any new work done to a basement. It's appealing to a buyer when they see new work done to a home, but to the seller, they are only fixing it up to hide problems. We will not be living in this house for much longer as we will be moving back to our home town. When the basement is dug up and properly sealed and new weeping tile installed, I will be taking pictures of the process and keeping any records, reciepts etc. to put into a file that we will use when we sell our house because I know I would like to have proof of what (if anything) was done to a house, and who did the work. |
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