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RealEstateAnswer, Lawyer
Category: Real Estate Law
Satisfied Customers: 27626
Experience:  10+ years in handling Leases, Landlord-Tenant, Foreclosures,Mortgages, and Eviction cases
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Broke contract of home because of fraud. Disclosure revealed

Customer Question

Broke contract for sale of home because of fraud. Disclosure revealed public sewage and turned out to be septic. We wanted seller to have cleaned which she was to do. However when they came to clean out system it revealed that the tank was cracked and needed replaced. The system was never cleaned in 28+ years and we were afraid that the leach bed may have been clogged and needed replaced which could cost thousands of dollars. We talked to the septic replacement company and decided to back out of the deal. We paid $350 for the appraisal and $460 for the home inspection and would like to recoup our monies. What do we do?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  RealEstateAnswer replied 1 year ago.

Good morning. I certainly understand the situation and your concern. If you incurred damages and costs, as a result of the fraud, which was relied on when you entered into the contract, you can sue the seller to recover. First, you want to make a demand for any deposit made AND the cost for the inspection and the appraisal. After all, had the seller properly disclosed everything they knew about, you may have never entered into the contract, offered the price you did or made them cure the problem, as a condition to the sale. If they refuse to make you whole, then you would need to sue them, in court, to recover those two costs.

Expert:  RealEstateAnswer replied 1 year ago.

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