If I purchased a home about 3 years ago but the sellers did not disclose that they had water coming in 1 of the dormers on the home, what are my rights?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If I purchased a home about 3 years ago but the sellers did not disclose that they had water coming in 1 of the dormers on the home, what are my rights?
I have had several neighbors tell me that the previous owners had mentioned to them about water problems with the dormer. Is it to late to try to have the previous owners pay for the repairs? If not, how would I go about making that happen?
Asked on July 30, 2015 under Real Estate Law, Michigan
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If they knew about a material (or important) fact like this but did not disclose it, that may be fraud; fraud would allow you to recover the cost(s) or losses cause by their fraud, such as the cost to make repairs. Fortunately for you, the statute of limitations in your state for both fraud and breach of contract (the two relevant grounds for legal action here) is 6 years, so you still have time to take action. If the seller will not voluntarily compensate you for the repairs, your recourse would be to sue them based on fraud; you would need to show their knowledge of the leak, since it is only the fact that they knew about it which would make this fraud (i.e. if they didn't know about the problems, or honestly thought they had been corrected, they did not lie or misrepresent).
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.