What to do if my newly purchased home flooded within 2 weeks of moving in and a water damage specialist said it had previous such damage but this information was not disclosed by the seller?

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What to do if my newly purchased home flooded within 2 weeks of moving in and a water damage specialist said it had previous such damage but this information was not disclosed by the seller?

It flooded due to bad weather. What legal right do I have to have seller pay for damages?

Asked on June 28, 2015 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

If, as seems to be the case from what you write, the previous owner knew of the problem but misrepresnted (or lied about) it, then the previous owner may have committed fraud (knowingly making a material, or important, misrepresentation of fact). If so, then you may be able to recover compensation, such as the cost of repairing the damage and/or installing corrective measures, like French drains. Sellers are supposed to disclose problems such as flood conditions; there is a good chance that the failure to disclose was in fact fraud. Based on what you write, it would be worthwhile to discuss the matter in some detail with a real estate attorney.


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