If there was no disclosure about an existing gray water problem before we purchaseda property, who should be held responsible?

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If there was no disclosure about an existing gray water problem before we purchaseda property, who should be held responsible?

Later were told we had to pay $10,000 to have it fixed.

Asked on January 4, 2012 under Real Estate Law, South Carolina

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In this country, the seller of all real property has the affirmative obligation to disclose to all potential buyers of the property all known matters material to the value of the parcel or its desirability that would affect price paid or willingness to acquire.

If there was a known gray water issue with the home that you bought that was not disclosed to you by the seller, he or she seems to have concealed a material fact from you that should have been disclosed.

Your recourse assuming you can prove this fact is to demand from the seller the costs of repair or the diminution in value of the property that you overpaid for given the concealed defect (lesser for the two).

I suggest that you make a demand letter to the selelrs about what happened keeping a copy of the letter for future use and need. If the response is not acceptable, your recourse would be to consult with a real estate attorney about the ways to resolve the problem and the $10,000 outlay you did that you did not anticipate.


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