Are there any rights a buyer has when something probably should have been in the seller disclosure but they didn’t?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Are there any rights a buyer has when something probably should have been in the seller disclosure but they didn’t?
I bought my house almost 2 years ago. The seller said that the basement only had a tiny leak once.
Yet, every time we get a hard rain the basement gets drenched in water. Do I have any legal action that I can take? Have I owned the home for too long? Is there anything else I can do?
Asked on May 16, 2018 under Real Estate Law, Pennsylvania
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You may be out of time, but if not, you are running out of time and must act quickly.
A seller has a legal obligation to disclose problems or conditions of which he is aware but which will not be readily apparent to a buyer--like basement water infiltration, which would only be obvious if the buyer happened to view the basement during a hard rain. If the seller knew (which includes if the circumstances suggest the seller must have known) of a problem but did not disclose it, that is likely fraud; fraud provides a basis to recover compensation, such as the cost to put in french drains or other waterproofing.
However, the statute of limitations ("SOL"), or time within which you must file a fraud lawsuit in PA is only 2 years; once two years have passed since the closing, it is too late to file. Therefore, while you may have a claim, based on the time frame you indicate, you either are soon to be out of time or already just out; in case you still have time, contact a lawyer IMMEDIATELY about this matter and getting a lawsuit filed. Good luck.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.