Do i have any recourse if I bought a home with a clogged sewer main problem?
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Do i have any recourse if I bought a home with a clogged sewer main problem?
I purchased a home from the church located across the street and moved in a few weeks ago. My basement started leaking and sump pump was working non-stop. A plumber pulled a mound of tree roots out if the sewer main. He said it was the worst he has ever seen and likely has never been maintained. It will probably need to be dug up and replaced.
Asked on November 21, 2017 under Real Estate Law, Michigan
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
You can sue the seller for fraud. Fraud is the intentional misrepresentation or nondisclosure of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.
In other words, you would not have bought the house had you known of the plumbing problems.
Your damages (monetary compensation in a lawsuit for fraud) would be either the benefit of the bargain or your out of pocket loss.
Benefit of the bargain means a defrauded purchaser may recover the difference between the real and represented value of the property purchased regardless of the fact that the actual loss suffered might have been less.
Out of pocket determination of damages for fraudulent misrepresentation permits recovery of the difference between the price paid and the actual value of the property acquired.
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