Can I go after the previous owner for a leaking basement?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can I go after the previous owner for a leaking basement?

The house was purchased about 5 months ago and it had not rained in about 5 months. Also a septic tank was improperly installed.

Asked on January 23, 2017 under Real Estate Law, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the prior owner did not give you some warranty or guaranty (though if he did, you could sue to enforce it, as per its plain terms), you could only go after him if he committed fraud. He would have committed fraud if he knew of the issues you describe (which includes if he logically *must* have known of them--i.e. if there is no reasonable way an owner in his position would not have known) but lied about them, either expressly or at least implicitly, by failing to disclose them. But fraud would provide the only basis for seeking compensation, so if he did not know of the problems, he did not lie about them; and if he did not lie, he is not liable.


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 lock Secured with SHA-256 Encryption