disclosing pre existing problems

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disclosing pre existing problems

Bought a home and within hours has foundation plumbing issues

Asked on February 8, 2017 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

If those were issues which the seller would reasonably (i.e. logically) have known--which, based on what you write, they should have; if you discovered them within hours, they are something a homeowner should have been aware of--but despite knowing of them, failed to disclose them, he may have committed fraud. (Fraud is the misrepresentation of a material, or imporant, fact, made intentionally to get you to do something--like buy a house. The misrepresentation can be by omission, or failure to disclose, when there is a duty to disclose which is violated--as there is a duty to disclose "latent," or not-obvious-when-you view-the-house-before-buying-it, issues.) That would provide you a basis to seek monetary compensation from him, such as the cost to repair or remediate these issues. Since presumably foundation and plumbing issues can run into the thousands of dollars, it would be worth your while to consult with an attorney about bringing a lawsuit.


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