Real Estate Law
Have Real Estate Law Questions? Ask a Real Estate Lawyer.
Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.
1. Do you know what the source of the water is?
2. Is it coming from the foundation or some type of water line break?
3. And the seller did not disclose this on any Seller's Disclosure of property condition that you received prior to purchasing?
4. Did you find this out before you actually signed the paperwork to purchase the house?
5. What is your legal question I can help with tonight?
Ok, then the seller is liable here for breach of contract, misrepresentation and fraud. Your recourse is to have a couple plumbers out to give you estimates on what it will cost to make repairs so the drains function properly and then sue the seller for those costs.
They have a legal duty to disclose any known problems and they intentionally failed to do so. So you can hold them liable for the cost of repairing the property so that it functions normally.
If the amount to fix the place is under $3,000 you can sue seller in small claims court. If over, you will have to hire an attorney and sue in a higher court. But since this was willful and intentional fraud, you should be able to recover your attorney fees as well as your actual damages.
As an aside, in addition to being an attorney, I have also been a licensed Realtor for over 13 years and have seen this type of situation play out before...