What to do if I bought a home and found out after closing of 2 things that were not disclosed by the seller?

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What to do if I bought a home and found out after closing of 2 things that were not disclosed by the seller?

Do I have any recourse for the seller not disclosing these to me? What should I do? I did not want to live in a housing development with an association and the large drainage easement affects the use of my yard. My realtor knew what my intended use for my backyard and the city will not allow anything because of the easement. I would have never bought the house knowing this and my owner’s title insurance policy does not cover easements.

Asked on August 7, 2012 under Real Estate Law, Minnesota

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Did you use an attorney for this deal?  It is time to contact one if you did not or a new one if you did.  The easment should have been recorded and should have been found in a title search.  It should also have probably been on the deed. Issues like this do not generally "survive" closing as it is assumed that you as the purchaser did you own due diligence prior to the closing. If there are misrepresentations or anything in writing then you may have a shot. Get help.  Good luck.


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