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TJ, Esq.
TJ, Esq., Attorney
Category: Estate Law
Satisfied Customers: 12357
Experience:  JD, MBA
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I bought and closed on a house in Feburary, the water well

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I bought and closed on a house in Feburary, the water well is not pumping enough water. What Legal recourse do I have?
Hello and thank you for allowing me the opportunity to assist you.

Did the seller know of this defect and fail to disclose it?
Customer: replied 4 years ago.

I believe so. Its the house next door to my brothers and we bought it while living with my brother. We never saw our neighbor water the grass or do anything that would cause to use a high water amount. She (our neighbor) ended up getting foreclosed on and we ended up buying it from a bank after a short sale fell through.

Hi again.

Thank you for your patience. Ordinarily, the former owner had a legal duty to disclose any known material defects in the house. The failure to do so is cause to seek legal recourse against the former owner. You could ordinarily sue him for the cost to repair the undisclosed defects. However, in this case you purchased the house from a bank after a foreclosure. Accordingly, the former owner owes you no duties at all. I'm also sorry to say that the bank owes you no duties because the bank surely knew nothing about the property and sold it at the foreclosure sale "as is." I wish that I had better news, but in this case I don't see that you have any recourse.

I am truly sorry to give you this bad news, but please understand that it would be unfair to you (and unprofessional of me) to provide you with anything less than an honest response. However, if your concerns were not satisfactorily addressed, then please let me know, and I will be happy to clarify my answer. I do ask that you rate me based upon whether I answered your question, and not based upon whether the answer was good news or bad news. Your positive feedback is greatly appreciated. Thank you for using our service!

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