Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good afternoon. You want to go after your seller for this...you absolutely have recourse. The seller is obligated to disclose anything the seller knows or
should have known that a reasonable buyer would consider material in making the
decision whether or not to buy the property. This clearly qualifies as something the seller either knew or should have known and
that should have been disclosed. You should send
seller a certified, return receipt requested letter detailing the situation and demanding that seller pay for the cost of repair and/or remediation in
total within a short specified period of time. You will want to inform seller that if your demand is not timely complied with, you will have no choice but to file a suit against
seller for damages. You will want to make sure to specifically mention that you will be filing this claim not only as a breach of contract
case, but also as a deceptive trade
practice action, which will entitle you not only to actual damages, but also an
additional amount equal to multiple times that as punitive damages
. That should
provide plenty of incentive to comply with your demands; but, if it does not,
file the suit.
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