If the seller did not disclose the condition of the waterwell on the property and problems have arisen 2 years after sale, what, if any, recourse do I have?

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If the seller did not disclose the condition of the waterwell on the property and problems have arisen 2 years after sale, what, if any, recourse do I have?

Asked on May 31, 2018 under Real Estate Law, Nevada

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

IF the seller knew of the problem at the time he sold the property to you, or the facts and evidence show that he logically must have known (i.e. any reasonable seller in this position would have known), but nonetheless failed to disclose the issue(s), then he may have committed fraud, and fraud would provide a basis to sue for compensation, such as the cost to correct the situation. But if the seller were unaware of the issue, he is not liable; liability is based on a knowing misrepresentation (basically, lying about, whether actively or by omission) regarding the situation, so if he was unaware of the problem, he could not knowingly misrepresent it.


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