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Ask J D Haas Your Own Question
J D Haas
J D Haas, Lawyer (JD)
Category: Legal
Satisfied Customers: 2998
Experience:  21 years as a serious injury/wrongful death trial lawyer; nationally board certified; 43 jury trials
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Back in Setember I started paying for a 1996 double wide ...

Customer Question

Back in Setember I started paying for a 1996 double wide home. In December the sealing fell in due to water damage, in one of the tow bed rooms and also in the living room. That was when I found out that there was black mold up in the roof. my question is: Can I sue the person that is selling this home to me. Cause He had just painted this trailor a day or two before I moved in. And covered up the leaks to where they where not notice!
Submitted: 9 years ago.
Category: Legal
Expert:  J D Haas replied 9 years ago.
Yes. You have a breach of contract case against the seller depending upon the contract language in the sale. You may also have a fraud and misrepresentation case against the seller. If the seller is in the business of selling homes, you may have a consumer fraud case against the seller. This is very important because in consumer fraud cases you might be able to get triple damages and your attorney fees paid by the other side. Please consult with a KY real estate or contract lawyer and bring him or her all of your documents. He or she can advise you given your specific contracts. You can find them through an internet search: "Ky real estate/contract lawyer/attorney".

From the facts that you have described, they have committed fraud to get you to buy the home. You can sue them in district court or in small claims court. Before deciding where to sue the defendant, contact an experienced lawyer because they can help you in that decision. Best wishes.

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