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Barrister
Barrister, Lawyer
Category: Real Estate Law
Satisfied Customers: 38185
Experience:  16 years real estate, Realtor. Landlord 26 years
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I bought a house in Canton Ohio During closing we found out

Customer Question

Hi, I bought a house in Canton Ohio During closing we found out the previous owner had 2 claims on the property for 40 thousand and 20 thousand that he did not disclose. My daughter and grandchild were on their way here she had already quit her job so we had to sign at closing. Since the purchase the basement has flooded twice. the claims he had was for water damage
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Canton Ohio my realitor said he was suppose to disclose that which he didn't
JA: Has anything been filed or reported?
Customer: no we just got it on Dec 23 He had the water turned off in the house so he knew it had a problem
JA: Anything else you want the lawyer to know before I connect you?
Customer: also the fridge is leaking he knew that too because he had a bowl in it full of water the day we got the keys
Submitted: 9 months ago.
Category: Real Estate Law
Expert:  Barrister replied 9 months ago.

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 research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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1. Do you know what the source of the water is?

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2. Is it coming from the foundation or some type of water line break?

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3. And the seller did not disclose this on any Seller's Disclosure of property condition that you received prior to purchasing?

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4. Did you find this out before you actually signed the paperwork to purchase the house?

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5. What is your legal question I can help with tonight?

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thanks

Barrister

Customer: replied 9 months ago.
I think it's the drainage pipe to the outside. Any water that's used backs up into the basement.
We found out during closing that he had two prior claims because they were using it against us trying to get insurance. We had no recourse but to go through with the sale. My daughter and grandchildren were on their way her to live in the house. The owner did not disclose this information to us or our realitor. I spoke with her today and she told me go get a lawyer. He was suppose to disclose this problem to us. We think he should be held responsible for any and all repairs for this situation since he had prior problems with the house. When we saw the house 3 times the water was turned off the house was dry no apparent water problems. We found out after the purchase he had the water turned off inside the house.Thank you,Lillian Cross
Expert:  Barrister replied 9 months ago.

Ok, then the seller is liable here for breach of contract, misrepresentation and fraud. Your recourse is to have a couple plumbers out to give you estimates on what it will cost to make repairs so the drains function properly and then sue the seller for those costs.

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They have a legal duty to disclose any known problems and they intentionally failed to do so. So you can hold them liable for the cost of repairing the property so that it functions normally.

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If the amount to fix the place is under $3,000 you can sue seller in small claims court. If over, you will have to hire an attorney and sue in a higher court. But since this was willful and intentional fraud, you should be able to recover your attorney fees as well as your actual damages.

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As an aside, in addition to being an attorney, I have also been a licensed Realtor for over 13 years and have seen this type of situation play out before...

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thanks

Barrister