relator never gave us a chance to sit and talk to seller about repairs

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relator never gave us a chance to sit and talk to seller about repairs

Within 15 months of having this property, we brought a modular home 18 months ago. I don’t think the realtor or the owner told us everything because since then we have 2 windows that have water coming on every time it rains. rains. Also, there is no installation, problems with the heat, the front deck has caved in, the water heater is broken, the roof is leaking and a couple other little things. However, now we don’t really have the money living check to check to fix. Now if we can’t get a loan might have to put up for sell.

Asked on August 29, 2018 under Real Estate Law, Missouri

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue the seller (owner) for fraud which is the intentional misrepresentation or nondisclosure of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.
In other words, you would not have bought the home, had you known its actual condition.
Your damages (monetary compensation you are seeking in a lawsuit for fraud) would be either the benefit of the bargain or your out of pocket loss.
Benefit of the bargain means a defrauded purchaser may recover the difference between the real and represented value of the property regardless of the fact that the actual loss suffered might have been less.
Out of pocket determination of damages for fraudulent misrepresentation permits recovery of the difference between the price paid and the actual value of the property acquired.


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