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Unjust enrichment. Can a person sue the seller or the

realtor, 3 to 6 years...
Unjust enrichment. Can a person sue the seller or the realtor, 3 to 6 years after sale. Bought for 180,000 and three years later sold for 500,000. I would guess at least 100,000 profit was grossly unfair. The seller/realtor probably forgot to mention that the property would cause the private road to flood and the fencing was wrong and ... One idea: Fraud undoes everything, and no time limits. Your thoughts on this situation??
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Answered in 4 hours by:
3/26/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,084
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

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 type out an answer or reply.

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Are you asking if one party A, can sue another party B, for selling property that B purchased several years ago for a large profit?

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And is it the property that sold that floods and it wasn't disclosed, or some other area not on the property, like the road going to it?

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Are you the buyer... the seller... the realtor... a concerned citizen...? It is kind of hard to tell by your comments..

.

.

thanks

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,084
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
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Customer reply replied 28 days ago
B bought for 180,000 and minimal improvement made during 3 years, B then sold to A for amazing 500,000. 320,000 profit.
The property has always been sloped so water leaves the property and floods the private road. 20 other lots use the flooded road. However, when it was sold there had been little rain, so this was a ---hidden defect--- that B knew about. The 20 other owners who use the private road could sue to force a correction in sloping, now that we are having much more rain. I am a concerned citizen, who uses the flooded road for in/out of my lot to main road, one mile away. I think A was cheated and would like for her to get partial refund..
Customer reply replied 28 days ago
Looking fior ways to force the unfairprofit returned to correct for everyohe whuses r9oad
Joycelaw
Joycelaw, Attorney
Category: Legal
Satisfied Customers: 114
Verified
Phone call session started

Ok, the thing is that there is no law against selling for a profit... If B can sell to A for a million, that is great for B if A is willing to pay it.. But it is up to A to negotiate their own deal... if they paid too much, there are no refunds..

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However, if B knew of a condition on the property that would have affected A's decision to purchase, then they had a duty to disclose it. If they didn't, the A could sue for the diminished value of the property with the undisclosed defect. But if there is flooding in the area....not necessarily on the property.... then that is up to A to discover while doing their due diligence prior to purchasing.... The buyer should visit the property during rains, at night, ask neighbors questions, and check with law enforcement and any planning and zoning to see if there are any issues..

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So there is a duty on both sides... B has to disclose known defects and A has to do their own homework to research the land prior to buying to see if there are any issues..

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Looking fior ways to force the unfairprofit returned to correct for everyohe whuses r9oad

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If B took actions to cause there to be an increased flow of water out to the road to flood it, any owner who uses the road could have sued B for "private nuisance" to force them to correct the problem at their expense. But if this is just natural runoff from a higher elevation property, B isn't liable for that as it is a product of nature, not their actions.

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But once B sells the property, then the time limit starts to run to sue them if they did cause a problem and since A is the legal owner now, they then become liable if the runoff was not naturally occurring.. But they could then sue B for failing to disclose.

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thanks

Barrister

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Customer reply replied 28 days ago
Barrister, someone elese called so I canceled. Reason: wanted to talk to you, because I knew you were good. We can start again at later. I need to go to bed.

No worries, but the phone call offers are auto generated by the website, not me personally. I do not participate in the phone call program for the site and limit my interaction with customers only to the website because I like to have time to think about a customer’s question and research it so I can provide the best answer possible in writing.

.

However, if you have requested a phone call with an attorney, your request will post to other experts that do offer this service. When another attorney accepts your request you will get additional instructions.

.

I am more than happy to continue on the website though..

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Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 41,084
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Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

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