What are my rights regarding seller nor home inspector disclosing busted water main in home
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What are my rights regarding seller nor home inspector disclosing busted water main in home
My Husband just purchased a home in Virginia on 5/30/17 and we have lived in home for 30 days we noticed water pooling in the back yard when looking in crawl space we heard water gushing we have been told that main water line was busted and damage to water supply line that was not indicated on seller’s inspection nor did he disclose this information but he was aware of the problem due to past water bills prove a leak in home with usage. Need to know what can be done with this matter
Asked on May 2, 2017 under Real Estate Law, Virginia
Answers:
M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Failing to disclose a known problem (via misrepresentations and/or concealment) is fraud, unless the problem was readily apparent to a reasonable person. Further, fraud provides a basis to recover monetary damages for the cost to correct or remediate the problem and any damge that it caused. You may therefore have recourse if you can prove that the seller knew of the problem, or should have known of it, but failed to disclose it to you. At this point, you should get an estimate for the cost to correct the problem. Then consult directly with a local real estate attorney who can best advise you further after going over all of the details of your situation.
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can sue the seller for fraud: if someone is aware of a material, or important, problem and fails to disclose it, then unless the problem was readily observable by the buyer, the seller committed fraud.(If you did not have to rely on what they said but could see the issue for yourself, it is not fraud in the law's eyes.) Fraud can provide a basis to recover compensation, such as the cost to fix the leak and any damage it caused, plus any excessive water bills.
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