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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55711
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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My daughter bought her home in December and has had plumbing

Customer Question

My daughter bought her home in December and has had plumbing problems from day one. Waste water backflows into the master bedroom bathtub after bathing or using the washing machine. One plumber has been out twice and now another has came out three times and has dug a tunnel under the house. Realtor and previous owner won't return her calls. 4 months in a house that she can't use the bathroom. Plumbing problem was identified by the inspectors and realtor and seller told my daughter that it would be fixed. What is her recourse?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.
Good morning Art. My name is ***** ***** I look forward to helping you. It will take me just a few minutes to type a response to your question. Thanks for your patience!
Customer: replied 1 year ago.
Expert:  Richard replied 1 year ago.
Your daughter does have recourse here. A 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 car. Here, the seller did not only not disclose that the problem was not repaired, the seller intentionally misrepresented the situation. This is clearly something the seller knew or should have known about and it clearly qualifies as a material item that a reasonable buyer would consider in making their decision. Your daughter should to raise the stakes on the seller. She should send the seller a certified, return receipt requested letter detailing the history and misrepresentation and lack of disclosure and demand the seller agree to pay for the repairs in full within a short specified period of time. She should inform the seller that if her demand is not timely complied with, she will have no choice but to file a suit against the seller for the cost of repairs. BUT, she wants to be sure to specifically mention that she also 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 her not only to the actual damages, but also an additional amount equal to multiple times her actual damages as punitive damages. That should provide plenty of incentive to comply with her demands; but, if it does not, she should file the suit. Even if she has to file the suit, that's likely all she 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 questions. 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 OK, Good or Excellent (hopefully Good or Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!