Is the seller responsible if the disclosure states foundation was repaired but basement floods during the first big rain?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is the seller responsible if the disclosure states foundation was repaired but basement floods during the first big rain?
We purchased the house about 10 months ago. Since then we have had multiple issues happen. The latest is a flooded basement where there was supposed to have been foundation repair and a transferrable warranty according to the seller’s disclosure document, which we have not seen. Now the seller realtor states that the work was done by the previous owner before the realtor and her financial backers bought it to flip. She has worked with us on other issues since the sell. I have asked for the warranty but she ignores the question. It was also not disclosed that there is a large city drain in our backyard that was hidden by a large bush. If there is recourse for us is there a time limit after purchase?
Asked on April 7, 2017 under Real Estate Law, Missouri
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the transferrable warranty was not provided as required by the contract of sale, you could sue for breach of contract for the value of what the warranty would have given you. If the seller knew--or logically *must* have known, given the facts/circumstances--of significant conditions contributing to flooding but did not disclose them, then he or she may have committed fraud, which could provide a basis for monetary compensation (like cost to correct). In your state, you can bring a breach of contract case for up to 5 years, a fraud case for up to 10 years, so you are still within time to take action, if you want.
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.