Can I sell a house that I am taking legal action against the previous owner?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can I sell a house that I am taking legal action against the previous owner?

I bought a house in Michigan. The seller did not disclose that their was water damage in the basement and lied about it in the disclosures. I fixed the water damage and am taking action against the previous owner. But I am also selling the house and just got an offer on it. Will that affect my sale? Should I not be selling the house right now?

Asked on October 24, 2018 under Real Estate Law, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Legally, there is no bar or impediment to selling a house while suing the prior owner: because you are the one suing (not being sued), the lawsuit does not have any potential to result  in a lien against the home or otherwise affect its title. Whether news of a lawsuit vs. a prior owner for undisclosed water damage, should word get around somehow, affect you ability to sell or what people might offer, we cannot say--that's something to discuss with your realtor. But can tell you that there is no legal issue.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption