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We closed on the purchase of our home a few months ago (Dec…

We closed on the...

We closed on the purchase of our home a few months ago (Dec 15,2017). We have had three sewer back ups since then. On the second back up the plumber told us that he had been here before and told the owners that they would need to get the main line repaired. We had another independent plumber today complete a video inspection and they said the same thing. Our main line is full of water and will need to be replaced. Do we have a case against the sellers because they signed a disclosure form saying that they had no knowledge of any major defects.

Lawyer's Assistant: What steps have you taken so far? Have you prepared or filed any paperwork?

No

Lawyer's Assistant: Where is the home located?

Indianapolis, IN (Avon, IN a suburb of Indy)

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Answered in 5 minutes by:
3/14/2018
Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,043
Experience: Attorney with 29 years of experience.
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Absolutely you have a claim. The seller is obligated to disclose anything the seller knows or should have known that a reasonable buyer would consider material in making the decision whether or not to buy the property. What you describe clearly qualifies as a material matter that should have been disclosed and you clearly have evidence that this issue was clearly something the seller knew or should have known. What you want to do is raise the stakes on your seller. You should send the seller a certified, return receipt requested letter detailing the situation and lack of disclosure and demand the seller compensate you to remediate the problem within a short specified period of time. Inform your seller that if he does not timely comply with your demand, you will have no choice but to file a suit for your damages. BUT, be sure to specifically mention that if forced to file this suit, you will be filing this claim not only as a breach of contract case, but also as fraud and deceptive trade practice causes of action, which will entitle you not only to your damages, but also an additional amount equal to multiple times your actual damages as punitive damages. That should provide plenty of incentive to comply with your demands; but, if it does not, file your suit. Even if you have to file the suit, that's likely all you will need do. In my experience, the seller will settle this without a hearing rather than risk punitive damages and the fraud and/or deceptive trade practice judgments being on the record.

Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (i.e., 4 or 5 stars)(hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

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Customer reply replied 4 months ago
Thank you. So, I should send the certified letter you described and if they push back, hire an attorney and file suit?

Exactly! And, you're very welcome! It's been my honor and privilege to help you with this. If I can help you in any way in the future, I'll be happy to help. For easy access, my bookmark is: www.justanswer.com/law/expert-legalbeacon/ . Or, simply request “Richard only” in the first line of your question.

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Customer reply replied 4 months ago
Excellent. I have you bookmarked. Thanks again.

Thank you!

Richard
Richard, Attorney
Category: Legal
Satisfied Customers: 57,043
Experience: Attorney with 29 years of experience.
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