If I purchased a home about 3 years ago but the sellers did not disclose that they had water coming in 1 of the dormers on the home, what are my rights?

I have had several neighbors tell me that the previous owners had mentioned to them about water problems with the dormer. Is it to late to try to have the previous owners pay for the repairs? If not, how would I go about making that happen?

Asked on July 30, 2015 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If they knew about a material (or important) fact like this but did not disclose it, that may be fraud; fraud would allow you to recover the cost(s) or losses cause by their fraud, such as the cost to make repairs. Fortunately for you, the statute of limitations in your state for both fraud and breach of contract (the two relevant grounds for legal action here) is 6 years, so you still have time to take action. If the seller will not voluntarily compensate you for the repairs, your recourse would be to sue them based on fraud; you would need to show their knowledge of the leak, since it is only the fact that they knew about it which would make this fraud (i.e. if they didn't know about the problems, or honestly thought they had been corrected, they did not  lie or misrepresent).


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