Can I sue a homebuilder, who sold me a housefor which there wereunpaid utility bills?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can I sue a homebuilder, who sold me a housefor which there wereunpaid utility bills?
A few months ago I bought a house from a homebuilder. It was not a short sale. 2 months later I got water and sewer bills for the period of time, when I was not an owner of this property. I payed those bills to avoid penalties since utility charge sticks to the property, not to the owner. Of course unpaid bills were not disclosed in seller self-disclosed form. Is there any chance for me to get my money back from that builder? How can I protect myself from something like this in future?
Asked on November 22, 2010 under Real Estate Law, Washington
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 13 years ago | Contributor
You may absolutely sue the builder for these bills, on one of two likely grounds:
1) breach of contract--these were additional costs not in the contract of sale and therefore for which you should be liable; you contracted to buy a house a) for a certain total price and b) free and clear of anything that could potentially affect title (e.g. liens could have been obtained for these bills)
2) fraud--they builder misrepresented to you by not disclosing the existence of unpaid bills; since it's material, or important, to know whether or not your buying a home that has liabilities already attached to it and which could have trouble with utilities, these were things that should have been disclosed
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.