What can I do if the seller fraudulently represented the repairs that were required?
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What can I do if the seller fraudulently represented the repairs that were required?
I have receipts for work that was done on the house, that was required as an amendment to the contract. We have already closed, and I’ve taken possession.However, a little digging has show that at least 2 of the receipts are fraudulent. One has a Logo and Name for a contractor in VA, that does no work or has any licenses in TX, and has never worked on my address. Yet, the Redirect URL and Phone Number are for a contractor in Dallas different contractor who has also never worked on my address.
Another has the name, address, and contact information for the general laborer who did roof work, but he did not create this receipt, and the total is for more than he charged. I think the seller made up this
invoice, included his labor, and the materials the seller provided himself. This all sounds to me like breach of contract, and criminal fraud. Do I have grounds for a good case to sue the seller for breach of contract and ask for the cost to pay a contractor do re-do the work right, as well as include the legal fees associated with it?
Asked on October 26, 2017 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, based on what you write, you would have good cause to sue the seller on possibly two different legal grounds:
1) Breach of contract, or not honoring his contractual obligations; and
2) Fraud, or knowingly misrepresenting (lying about) important facts.
The lawsuit should list and be based on both grounds. You should be able to recover the cost to do the work. You *may* be able to get legal fees because this conduct was so egregious, but do not count on it: the norm in U.S. law is that each party pays its own fees, and in 98% plus (at a reasonable guess) of cases, each side does have to pay its own lawyer.
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