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Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 5524
Experience:  28 years of experience in general practice, real estate law and estate law.
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I bought this house in Nov.2012 It was FHA approved , it has

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I bought this house in Nov.2012 It was FHA approved , it has a finished basement,the seller disclosure said it didn't flood or have seepage or plumbing problems.I had plumbing problems within the first month and seepage at the same I have a bigger problem with seepage and had to remove carpet and now the walls.Is there anything I can do about the sellers lieing about this ?
Hello and thank you for your question. I am an Illinois licensed attorney.

Can you tell me of you had a home inspection? Did FHA also perform an inspection?
Customer: replied 3 years ago.

Only FHA

And you have had contractors look at the problem and they agree that there were prior flooding issues that the seller failed to disclose? Were there real estate agents involved in the transaction?
Customer: replied 3 years ago.

No other contractors yet. Yes there was a real estate agent involved and a real estate lawyer.They both tolled me that I have to prove that they knew about the problem.All I can prove is the rotten wood that I pulled out of the walls.

You will need to bring in a licensed contractor and them provide you with their professional writen opinion on the duration of this issue.

Can you tell me if you have already discussed the matter with your realtor and whether you had an attorney at closing. I do not want to waste your time repeating information you with regard to actions you have already taken or information that you already know from speaking with your realtor and or legal counsel?
Customer: replied 3 years ago.

the only advice I got from my closing atty was I have to prove they knew about the problem.In other words i'm stuck with the problem.

Thank you for updating me. Generally the attorneys that close transactions are not the ones that litigate any post closing issues.

First you will want to obtain at least one professional opinion from a licensed contractor. You will want the estimate to repair as well as an opinion on the duration of time this present condition has been an issue. Once armed with the documentation you would want to let your agent know that you disclosed an ongoing issue that the seller was aware of and made a material misrepresentation to you by their failure to provide complete disclosure of the matter. You could also have a claim against the listing agent if he/she knew or should have known of the defect with the property.

The second step is to provide the seller with a written demand letting them know that you have had a licensed contractor inspect the property and that the result is there was an issue that they failed to disclose.

The seller may or may not offer to pay for repairs. In the event that the seller fails to cure the situation to your satisfaction you may need to file suit against the seller for fraud.

Under Illinois 765 ILCS 77/30 the failure of the seller to disclose material defects comes with steep penalties. I doubt they want a lawsuit against them.

The listing agent also has obligations and duties of disclosure.
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Customer: replied 3 years ago.

thank you for your advice and i will follow up on it

Please feel free to come back to this question at any time with any follow up questions that you may for me. Best of luck!

If you would be kind enough to rate my service I would be most appreciative. Thank you for using JA!
Thank you.

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