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?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
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 5 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.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.