Is previous owner responsible for pre-existing problems if puts as is

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Is previous owner responsible for pre-existing problems if puts as is

Isn’t previous owner responsible for water and sewer problem when she had had house supposedly leveled which isn’t but lines under home were busted and not repaired and cost us $800 water bill not including the Plummer, plus the electric pole isn’t up to specks and the previous owner knew that and propped up the pole.

Asked on December 26, 2018 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

Even with an "as is" sale, the owner is responsible for problems which he or she was aware of, which were not readily discernible to a buyer, but which the owner failed to disclose: failing to disclose known but "latent" (not easily found by a buyer) problems is fraud, and fraud could make the seller liable for the repair costs. People cannot escape their legal obligation to not commit fraud by making the sale "as is"--the law still requires their honesty. So if you believe that under the circumstances, the seller must have known of these issues, you could sue him for fraud.


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