What to do if the true condition of a house that we bought was not disclosed to us?

UPDATED: Dec 8, 2012

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What to do if the true condition of a house that we bought was not disclosed to us?

I have lived in my house for 1 year. In that time I have had to fix a gas leak and a plumbing problem. Now I am having even further plumbing problems and leaks. The realtor told us that these leaks were old when we looked at the house but clearly are not and are now causing structural damage. Is there a claim that I could file?

Asked on December 8, 2012 under Real Estate Law, Illinois


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You may have a claim against the seller if the seller knew, or reasonably should have known (that is, any seller in his/her position would have known) of the problems, but, knowing of them, did not disclose them. Such a knowing nondisclosure or misrepresentation may constitute fraud, which could provide a basis for suing and seeking damages (such as the cost to repair or correct).

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