What are my rights if I bought a home 2 weeks ago and have since found plumbing problems?
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What are my rights if I bought a home 2 weeks ago and have since found plumbing problems?
It was advertised that the home had new plumbing in the last 2 years. Also, in the seller’s disclosure they checked off plumbing as not knowing of anything being wrong with it.
I had a plumber come out today and they said the original copper pipes are still there and are all damaged and need replacing. That everything needs to be replaced, around 4k worth of work. All they could do in the mean time was clear the pipes and pull out roots. Now I’ve looked though the sellers old receipts they have left and they have numerous plumbing receipts, some very recent, that all said they had roots pulled and pipes cleared and that all lines were recommended replacing. Anything I can do?
Asked on October 20, 2015 under Real Estate Law, Texas
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
You can sue the seller for fraud. Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.
In other words, you would not have bought the house had you known the true condition of the plumbing.
Your damages monetary compensation you are seeking in your lawsuit for fraud would be either the benefit of the bargain or your out of pocket loss.
Benefit of the bargain means that a defrauded purchaser may recover the difference between the real and represented value of the property purchased regardless of the fact that the actual loss suffered might have been less.
Out of pocket damages for fraudulent misrepresentation permits recovery of the difference between the price paid and the actual value of the property acquired.
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