Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.

Good morning. A buyer would absolutely have a claim against the seller in this situation. 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 that should have been disclosed. A buyer in this

position would want to send them a certified, return receipt requested letter

detailing the problem and demanding that the seller pay for the remediation of
the problem and all of buyer's damages resulting therefrom within a short specified period of time;

and inform them that if such demand is not timely complied with, there will be

no choice but to file a suit against them for damages. The letter would want to

make sure to specifically mention that this claim will be filed not only as a

breach of contract case, but also as a deceptive trade practice action, which

will entitle one to not only to actual damages, but also an additional amount

equal to 3 times that as punitive damages. That should provide plenty of

incentive to comply with your demands; but, if it does not, a suit should be

filed.

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