Buying a house and it floods everytime it was seller didnt tell me about it can i sue for damages are the money i have paid towards the house can i get it back

Get Legal Help Today

 Secured with SHA-256 Encryption

Buying a house and it floods everytime it was seller didnt tell me about it can i sue for damages are the money i have paid towards the house can i get it back

Buying house asis and it floods
everytime it rains all around the house
and inside the house seller didnt till
me it flooded at all what can I do to
get paid for damages are is there any
way I can get the money I have paid
towards the house back

Asked on April 30, 2017 under Real Estate Law, Missouri

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can sue the seller, based on fraud (concealing material, or important, information he/she had about the house, which concealment was done to induce or cause you to buy the house and which did affect your decision to buy it) for the cost to repair or remediate the situation, if it can be remediated (e.g. by french drains, water proofing, additional sump pumps, etc.). If it can't be remediated or corrected, you may be able to rescind the sale (give house back, get back what you paid--though you'll then need to return any funds from a mortgage to the bank), though you'd have to pay (i.e. have a set off vs. whatever you get back) an amount equal to the fair market rent for the house for the length of time you lived there, since you did get the benefit of possession of it.

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

Answered 4 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, you would not have bought the house had you known of the flooding.
Your damages (monetary compensation you are seeking in your lawsuit for fraud) would be either the benefit of the bargain or your out of pocket loss.
Benefit of the bargain means 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption