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Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 100986
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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My fiance and i purchased a home in September and just

Customer Question

hi, my fiance and i purchased a home in September and just found out that it had a plumbing issue that completely flooded out the house, this information was not in the disclosure paperwork and was wondering if we have any rights on this matter
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Ely replied 9 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. I am sorry to hear about this situation. Someone in your situation may have rights to pursue the seller, but you would have to prove that the seller knew of the issue and specifically did not put it on the disclosure form. If so, one can have a cause of action for FRAUD. The elements of a cause of action for fraud by nondisclosure are (1) the defendant failed to disclose facts to the plaintiff; (2) the defendant had a duty to disclose those facts; (3) the facts were material; (4) the defendant knew the plaintiff was ignorant of the facts and the plaintiff did not have an equal opportunity to discover the facts; (5) the defendant was deliberately silent when it had a duty to speak; (6) by failing to disclose the facts, the defendant intended to induce the plaintiff to take some action or refrain from acting; (7) the plaintiff relied on the defendant's nondisclosure; and (8) the plaintiff was injured as a result of acting without that knowledge. Reservoir Syst., Inc. v. TGS–NOPEC Geophysical Co., L.P., 335 S.W.3d 297, 306 (Tex.App.-Houston [14th Dist.] 2010, pet. denied). This would be settled in Court. Often this is settled before that with a DEMAND LETTER from an attorney on your behalf, demanding that they cover the costs of the loss, or be sued for fraud. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Expert:  Ely replied 9 months ago.
Hello again. This is a courtesy check in to see if you needed anything else in regards ***** ***** question because you never responded or replied positively. I am simply touching base. Let me know. Thanks!

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