If the seller did not disclose the faulty plumbing pipes installed, do I have any recourse?

I bought this house 2 months ago. Sewage is backing up in both bathtubs and the toilets won’t flush. I’ve had 3 plumbers out here and all say there are several 90 degree elbow pipes throughout the plumbing under the house. The only fix is to replace them all which is very expensive. Is there anything I can do? The seller did not disclose any of this and I would not have bought the house had I known.

Asked on March 29, 2017 under Real Estate Law, Texas

Answers:

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

Answered 3 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, had you known of the faulty plumbing, you would not have bought the house.
Your damages (monetary compensation you are seeking in your  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 for damages for fraudulent misrepresentation permits recovery of the difference  between the price paid and the 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 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.