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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 53673
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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Home purchased 10/1/15. Prior owner of home did not disclose standing water in yard when r

Customer Question

Home purchased 10/1/15. Prior owner of home did not disclose standing water in yard when rains. We know have to have the yard excavated to have the water drain somewhere. Can we sue?
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Richard replied 6 months ago.
Good afternoon. My name is ***** ***** I look forward to helping you. Yes, you do 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 a material matter that should have been disclosed and is clearly something the sellers knew or should have known. What you want to do is raise the stakes on your sellers. You should send the sellers a certified, return receipt requested letter detailing the situation and lack of disclosure and demand they compensate you to remediate the problem within a short specified period of time. Inform your seller that if they do not timely comply with your demand, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, they will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on their record. Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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