What is my recourse against a seller if, after the purchase of my home, I found several repairs to be made?

My irrigation system is not fully operable. I phoned the actual company that seller used. The technician informed me that he remembered coming out to my home and the seller telling him to basically just patch it up because he was selling the house. I am now paying for repairing the irrigation system myself. Also, the seller listed in the description of the home a working intercom system. I later discovered that it partially works. What recourse do I have in getting the seller to make these repairs?

Asked on May 21, 2016 under Real Estate Law, Virginia

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue the seller 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 would not have bought the house had you known the true facts.
Your damages (monetary compensation  you are seeking in your lawsuit for fraud) would be either benefit of the bargain or your out of pocket loss.
Benefit of the bargain means that 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 damages for fraudlulent misrepresentation permits recovery of the difference between the price paid and the actual value of the property acquired.


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