if I moved in 2 weeks ago to my first home and now the entire basement is flooded with 3 inches of water due to roots in the pipes, do the previous owners have any responsibility?

My insurance and home warranty don’t cover this.

Asked on February 5, 2016 under Real Estate Law, Kentucky

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The owners *may* have responsibility IF they knew of the problem or condition--i.e. that the pipes were infested with roots and were prone to severe flooding--and, despite knowing of the condition, hid it from you. In that case, they may have committed fraud, which could make them liable for your losses and repair costs. But it must be that they knew and lied (and you therefore would have to have evidence of this); if they did not know, they are not liable.


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.