What can I do if the seller didn’t disclose a basement that leaks

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What can I do if the seller didn’t disclose a basement that leaks

After our first rain storm its obvious that the basement has a problem
that wasn’t disclosed in our purchase agreement what can I do

Asked on June 1, 2017 under Real Estate Law, Missouri

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You can sue the seller for fraud. Fraud is the intentional misrepresentation of a material fact made with knowledge of its untruthfulness and made with the intent to induce another to rely upon it to their detriment. In other words, you would not have purchased the house had you known of the leak in the basement. In your suit, your "damages" (i.e. the monetary compensation you are seeking) would be either the benefit of the bargain (i.e. what the house should have cost with the leaks) or your out of pocket loss. t this point, you should consult directly with an attoreny in your area. After reviewing the details of your case, they can best advise you further.

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

If the problem is such that the seller logically or reasonably must have known of it (essentially, any seller in his/her position would have to known) and he or she failed to disclose it, then the seller may have committed fraud, and fraud can provide a basis to seek compensation, such as the cost to correct. First get an estimate for that cost; then you can decide whether legal action is worthwhile, but based on what you write, you may have a viable cause of action.


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