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Loren, Attorney
Category: Legal
Satisfied Customers: 33098
Experience:  30 years experience representing clients.
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Our seller lied about the roof being damaged on the

Customer Question

Our seller lied about the roof being damaged on the disclosure report and needed a 20k new roof? And she knew about it!
Submitted: 1 year ago.
Category: Legal
Expert:  Loren replied 1 year ago.

Good evening. I am Loren, an Illinois licensed attorney, and I look forward to assisting you.

If the seller lied on the disclosure and intentionally and knowingly misrepresented the status of the roof then you can sue for fraud and, if you prevail, you can be awarded the cost or a portion of the cost of the new roof.

You will probably want to contact local counsel for this as fraud litigation can be somewhat complex. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys) . Many attorneys themselves use this site to locate attorneys outside their jurisdiction or expertise:

It is a huge worldwide database searchable by location and specialty. The attorneys are all peer rated. So, they represent the top of the profession.

Expert:  Loren replied 1 year ago.

Are you online with me?

Customer: replied 1 year ago.
It gets worse. She tried to extort money out of us ( after a major wind storm) to pay for the deductible right after we signed the contract which was a cash offer contingent upon me receiving my monies before closing but then I was hospitalized. Also based on inspection but she was never available for the inspection. 3/21 is the accepted offer. 1k Ernest money given @ that time with a note for 4K on 5/27. We had a huge storm on 4/2/16 that blew most of the roof off . I was ill and the first we heard of the roof was they wanted us to pay the 2k deductible...R they crazy!!! I was in the hospital and out realtor said it was the first he. Heard of the roof??? I am sick still trying to get an inspector in there. One big mess. We recinded on offer due to home being uninsurable in accordance with there laws.
Expert:  Loren replied 1 year ago.

Did you close or are you looking to get an earnest money deposit back?

Customer: replied 1 year ago.
The disclosure is dated 3/9/16. We were given an insurance claim dated 3/10/16 knowingly of hail damage on 4/12/14. I pulled weather report. No hail in Rockford. She is trying to extort me now for 4K more in escrow money for self gain. After trying to extort us 2k for the roof, fraudulently and knowingly marking on the disclosure report "no problems with roof" and filing a fraudulant insurance claim. Who would remember the exact date from years ago when the damage was done????? ?? The date filed was3/10/16 DOL 4/12/14 and again the disclosure was dated 3/9/16 and so called ins. Claim called in for damage yrs ago but NOBODY TOLD US!! And now she's suing for all E money and court cost. After all of the laws she has broken!
Expert:  Loren replied 1 year ago.

Thank you for the additional information.

There is a legal principle that a party in breach can not sue to enforce the agreement they have breached. It is referred to as the doctrine of "unclean hands". A party who falsified a disclosure has unclean hands and would not be entitled to retention of the earnest money.

Customer: replied 1 year ago.
She is suing us for all Ernest money.Plus court and legal fees. She has broken so many laws for self gain that she can't remember what she has lied about. I keep everything! I dot my i's and cross my t's. By trying to extort this earnest money she will probly end up in jail. I have multiple degrees and am working on legal nurse consultant. Any advise? I have a lot of proof backing up my statement.
Expert:  Loren replied 1 year ago.

You, or your attorney, need to counterclaim for breach of contract and, if the contract allows, demand attorney fees as well.