Is there a statute of limitations on when I can sue a previous homeowner
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is there a statute of limitations on when I can sue a previous homeowner
Is there a statute of limitations on when I can
sue a previous homeowner? We are trying to
sell our home but the backyard floods and it is
causing us issues. It is obvious that this is been
an issue for many years and the previous
owner said in their paperwork there was no
flooding problems. Do I have a viable case to
sue them for the class to install a drainage
system? We have been here for three years.
Asked on May 29, 2019 under Real Estate Law, New Jersey
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
The statute of limitations in NJ for filing a lawsuit for fraud against the previous owner is six years. It is unlikely that you would be able to compel the previous owner to install a drainage system.
In this type of case, you can recover the benefit of the bargain or your out of pocket loss.
Benefit of the bargain means a defrauded purchaser may recover the difference between the real and represented value of the property regardless of the fact that actual loss suffered might have been less.
Out of pocket determination of damages for fraudulent misrepresentation permits recovery of the difference between the price paid and actual value of the property acquired.
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.