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Do I have a case?
Recently bought a mobile home from
someone. We asked before buying if
there were any infestations and they
said no everything was up to par. We
bought and moved in. We were getting
bitband found fleas and bedbugs galore.
Also mice. Do i have a lawsuit?
Asked on March 20, 2017 under Real Estate Law, Ohio
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can sue the seller for fraud. Fraud is the intentional misrepresentation of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiabily relied to your detriment.
In other words, you would not have bought the mobile home had you known of the pest infestation.
In a lawsuit for fraud against the seller, you can recover either the benefit of the bargain or your out of pocket loss.
Benefit of the bargain means that 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 (monetary compensation) for fraudulent misrepresentation permits recovery of the difference between the price paid and the actual value of the property acquired.
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