How can I get help paying the issue?

I purchase a home 08/04 on 08/13 it rained for 30 minutes and water got in the basement. The previous owners didn’t disclose ever having issues however as soon as they paint came off there were signs is mold. Also, I brought a couple of builders and they both see that the window was repaired. The original builder fixed this issue for the house next door but never for this the house was built on the outside 7 years however the MLS states built 5 years ago, so that probably when it was finished. I just met with the seller’s realtor and broker and they told me that I need to proof that the sellers knew about it. To fix the issue is about $8,400.

Asked on August 31, 2017 under Real Estate Law, Utah


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

Answered 3 years ago | Contributor

You can prove that the seller knew and didn't disclose based on the statements of the builders that the window had been repaired, the paint coming off and the presence of mold.  The mold did not develop immediately after one rainstorm.  The builders can sign a declaration under penalty of perjury that the window had been repaired.
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 bought the house had you known of the mold and rain leaking into the house.
Your damages (monetary compensation in a lawsuit for fraud against the seller) would be either the 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 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 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.