The house we purchased has a very bad drainage problem which was not disclosed to us, do we have any legal rights?

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The house we purchased has a very bad drainage problem which was not disclosed to us, do we have any legal rights?

We purchased our house about 3 months ago and since then we have discovered that the house has a major drainage problem that was not disclosed. Our backyard turns in to a pond everytime it rains and the house smells like mold after it rains. Is there anything we can do?

Asked on December 19, 2011 under Real Estate Law, Texas

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

You  *may* be able to sue the sellers for damages, or compensation (e.g. the cost to remediate the situation). Sellers have to disclose material, or important, problems of which they are aware. Leaks, drainage, water, etc. conditions can often be such material problems, if severe enough; if the condition existed prior to the sale, and the seller knew of it, you may be entitled to compensation. It would seem, from what you write, to be worthwhile for you to consult with a real estate attorney about the specifics of your situation to explore your options.


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