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Chris The Lawyer
Chris The Lawyer, Lawyer
Category: New Zealand Law
Satisfied Customers: 22322
Experience:  37 years qualified as a lawyer; LLB, MMgt and FAMINZ.
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I have just purchased a house and have found out it has

Customer Question

Hi I have just purchased a house and have found out it has water issues under the house in the garage which was not disclosed to me.
I inspected the house 3 times and my father who is a retired house inspector, did not see evidence of water, as it was bone dry at the times we looked at the house, but since speaking to a neighbor he states that it has been an on going issue from previous owners. What are my rights? can you cancel a contract? and I get it rectified by the previous owner? ( I have been in the house just on a week) thanks
Submitted: 1 year ago.
Category: New Zealand Law
Expert:  Chris The Lawyer replied 1 year ago.

The problem you face is that you did inspect. That was of course a prudent step, but undertaken possibly in dry conditions. If you asked specific questions about the presence of water or any potential water problem, then the answers you were given would be important. The issue will be whether this does affect the use and healthiness of the house, or is a minor problem. You may need to look at the council records as well to see if the LIM report mentions a water or drainage issue.

Expert:  Chris The Lawyer replied 1 year ago.

The other issues like the keys, would normally be sorted on settlement, but again this does depend on what you were told by the seller, or the land agent. What they say before you signed the contract, to persuade you to buy, is critical. If they were silent, then there are no representations. If the promised things but did not perform, then you may have a claim.

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