What course of action should we take if the seller withheld vital information?

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What course of action should we take if the seller withheld vital information?

Seller obtained quotes for power to be brought to property during contract

period, as were told that only property the property owner could make request

for on site eval of property by power provider. We closed several weeks ago,

and just found out that seller was told cost to run power to property would be at

their expense. However, seller told us that power company would cover all but

approximately $1900 we agreed to split that cost and that is in our contract. However, it is going to cost 20K to get the power run to the property as the access is a private road easement. How can we get the seller to pay the costs over and above the split of the $1900?

Asked on June 12, 2018 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue him. Knowingly misrepresenting (lying about) material (or important) information on which you reasonably relied in deciding to buy the home (or in deciding how much to offer for the house, or what other terms to request in the contract) is fraud: fraud provides a basis to recover monetary compensation (e.g. the cost to bring the power to the home, over the amount you had agreed to pay). If you can prove in court that he had the information (such as by, if necessary, subpoenaing the power company or employees thereof, to find out what they told him), you can get a judgment against him for this fraud.


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