How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Attyadvisor Your Own Question

Attyadvisor
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3164
Experience:  25 years of experience in general practice, real estate law and estate law.
Type Your Real Estate Law Question Here...
Attyadvisor is online now
A new question is answered every 9 seconds

I bought this house in Nov.2012 It was FHA approved , it has

Resolved Question:

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 time.now 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 ?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Attyadvisor replied 11 months ago.
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 11 months ago.

Only FHA

Expert:  Attyadvisor replied 11 months ago.
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 11 months 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.

Expert:  Attyadvisor replied 11 months ago.
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 11 months 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.

Expert:  Attyadvisor replied 11 months ago.
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.
Attyadvisor, Attorney
Category: Real Estate Law
Satisfied Customers: 3164
Experience: 25 years of experience in general practice, real estate law and estate law.
Attyadvisor and other Real Estate Law Specialists are ready to help you
Customer: replied 11 months ago.

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

Expert:  Attyadvisor replied 11 months ago.
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!
Expert:  Attyadvisor replied 11 months ago.
Thank you.

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
< Last | Next >
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
 
 
 

Meet The Experts:

 
 
 
  • Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    4813
    16 years of legal experience including real estate law.
  • http://ww2.justanswer.com/uploads/LA/lawpro/2012-6-25_171315_PT206740s.64x64.jpg Law Pro's Avatar

    Law Pro

    Lawyer

    Satisfied Customers:

    6227
    20 years extensive experience in real estate law, foreclosure, finance, and landlord tenant law.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Lawyer

    Satisfied Customers:

    4966
    13 years real estate, Realtor. Landlord 24+ years
  • http://ww2.justanswer.com/uploads/LA/LawTalk/2012-6-6_17379_LawTalk.64x64.JPG LawTalk's Avatar

    LawTalk

    Attorney

    Satisfied Customers:

    4446
    I've more than 27 years legal experience. Additionally, in CA I held a Real Estate Broker's license.
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg Ray's Avatar

    Ray

    Lawyer

    Satisfied Customers:

    4030
    Texas Attorney for 29 years dealing in real estate
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Lawyer

    Satisfied Customers:

    2377
    12+ yrs. of experience including real estate law.
  • http://ww2.justanswer.com/uploads/mnphillips2/2009-03-13_203105_10984459-249293407.jpeg Phillips Esq.'s Avatar

    Phillips Esq.

    Attorney-at-Law

    Satisfied Customers:

    2355
    B.A.; M.B.A.; J.D.