Wondering if I have a case against seller for not disclosing several problems

I bought a home from a person who is also a licensed real estate agent a

year and 4 months ago. Since then several items have come up that were

not disclosed, a leaky roof, a well that runs dry, and a leach field that seeps up through yard. All of this was noticed within a month of closing, I find it hard to believe that all these items happened after the sale and the previous owners

didn’t have knowledge of them.

Asked on April 3, 2018 under Real Estate Law, Ohio

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

If, as you believe and the facts appear to suggest, these conditions predated the sale and the owner was aware (or under the circumstances, logically must have been aware--i.e. any reasonable owner under the same circumstances would have been aware) of the issues, then since the owner did not disclose known (but not readily discernable to a buyer, or "latent") problems, the owner very likely committed fraud and is liable for the cost to repair or correct these conditions. Owners have an oligation to disclose hidden, latent, or hard-to-detect issuses to buyers. You'd have to sue to get the money, but based on what you write, may well have a viable case.


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