What can we do if we purchased a house and moved about 5 months ago but is a condition that was not disclosed to us?

We do have a home warranty paid for by the seller.We had to file a claim immediately after moving in due to water pouring out of a light fixture in the basement when the water was run in the upstairs bathroom. Next, a few months later, we had raw sewage coming up from under the toilet in the basement bathroom and flooding it. Had to file another claim, had the city come and look and were told that the “T” out by the front of the property was collapsed and the owners were told it had to be fixed 5 years ago. It was never fixed. Not covered under warranty, still not fixed. Now the A/C is not working, another claim filed. Warranty company sent a repair man out last week. Not covered.

Asked on August 3, 2015 under Real Estate Law, Ohio


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If, as seems to be the case from what you write, the sellers knowingly misrepresented (lied about) material (or important) facts with the intention that you rely on their misrepresentations, it was reasonable for you to rely on them (since people are not supposed to misrepresent in their home disclosures), and you did in fact rely on them, then the seller may have committed fraud. Fraud can provide a basis for obtaining monetary compensation, such as the cost to repair these conditions. Given the likely cost of all these repairs, it would be worthwhile to consult with an attorney about bringing a lawsuit against the sellers. Good luck.

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