Do I have a case?

Get Legal Help Today

 Secured with SHA-256 Encryption

Do I have a case?

Recently bought a mobile home from
someone. We asked before buying if
there were any infestations and they
said no everything was up to par. We
bought and moved in. We were getting
bitband found fleas and bedbugs galore.
Also mice. Do i have a lawsuit?

Asked on March 20, 2017 under Real Estate Law, Ohio

Answers:

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 of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiabily relied to your detriment.
In other words, you would not have bought the mobile home had you known of the pest infestation.
In a lawsuit for fraud against the seller, you can recover 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 (monetary compensation) 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