What are our rights if we bought a house but the sellers did not disclose knowing about future damage and expenses?
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What are our rights if we bought a house but the sellers did not disclose knowing about future damage and expenses?
We bought a house that was hooked up to the town sewer in the winter. The
seller/agent were told that sinkholes would happen and a landscaper would be
needed in the spring. However, they did not disclose this information and told us any damage to the yard would be taken care of. We now have huge sinkholes. Originally, the seller said they would repair them but when they saw the cost they are now trying to split it.
Asked on May 29, 2018 under Real Estate Law, Massachusetts
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can sue the seller for fraud. Fraud is the intentional misrepresentation or nondisclosure 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 purchased the house had you known of the sinkholes.
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 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 determination of damages for fraudulent misrepresentation permits recovery of the difference between the price paid and actual value of the property acquired.
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