Do I have any legal right to the “leaking” in my basement?

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Do I have any legal right to the “leaking” in my basement?

Our contract said the leaking problem had been fixed. One week after moving in and a hard rain the basement was flooded with water coming from the walls and the floor. We contacted the realtors involved immediately, they told us the previous owner wouldn’t lie and that there was nothing we could do.

Asked on May 9, 2009 under Real Estate Law, Tennessee

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The realtor is covering him his or her own breach duty.  Did the realtor represent both of you? If not, contact your broker, contact the Real Estate Commission in your state and also contact your mortgage company.  Then, I highly recommend that if your P&S agreement states it was fixed and it was a hidden defect (one that an inspector couldn't see/detect), you have a case for damages.

Depending the amount, you can and should sue the realtor and former owners.  Then let the chips fall where they may.  When was the leak fixed? Is this an old house.  Take all of this into consideration and consult with an attorney in your state. Try www.attorneypages.com or the Tennessee state bar.


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