Just moved into our new home this past Sunday, have had no hot water since we moved there.
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Just moved into our new home this past Sunday, have had no hot water since we moved there.
Original owner said it worked when he left months ago, and insists it works, we were on the phone with the hot water heater company and they said the heater is fine, it is in the plumbing, old owner said he sold home as is,but it is a FHA loan and paperwork said it must have hot water, HELP
Asked on June 15, 2016 under Real Estate Law, Florida
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
You can sue the seller/former owner 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 wouldn't have bought the house had you known about the plumbing problems.
Fraud is also applicable when there is nondisclosure of a material fact which buyer couldn't have reasonably discovered prior to purchase.
Your damages (monetary compensation) in a lawsuit for fraud would be either the benefit of the bargain or your out of pocket loss.
Benefit of the bargain is the difference between actual value of the property and the value as represented.
Out of pocket loss is the difference between value of what buyer paid and market value of what was received.
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