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We just moved into a house a year ago
upon moving in we began having septic
issues. So we began to get quotes it only
accrued to us after we got a few quotes
the last home owner had been doing the
same thing. The last company I spoke
with told me she put a deposit down and
asked to be refunded the next day.!shortly
after that I purchased the home and was
wondering if she is in the wrong
Asked on October 12, 2017 under Real Estate Law, Ohio
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can sue the seller for fraud for not disclosing the septic problems.
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 septic problems.
Damages (monetary compensation) in a lawsuit for fraud would be either the benefit of the bargain or your out of pocket loss.
Benefit of the bargain means that 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 of damages for fraudulent misrepresentation permits recovery of the difference between the price paid and the actual value of the property acquired.
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