What to do about a flooded basement if I bought a home
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What to do about a flooded basement if I bought a home
I purchased this home 7 months ago
Asked on June 2, 2019 under Real Estate Law, Ohio
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The inspector is not responsible since he did notice it but reasonably attributed it to the unsually rainy season; he therefore was not professionally negligent or careless.
The realtor is not liable since the realtor has no duty to disclose; the realtor is entitled to rely on the disclosure from the seller.
The seller is liable IF they were aware of the flooding--which means that if you can prove that they did know, or under the circumstances, logically must have known (any reasonable homeowner in their circumstances would have known) of the flooding but nonetheless failed to disclose a known issue or defect. The key legally is their knowledge--they are only liable if they know or must have known. The key practically is your confidence that you can prove their knowledge, since as the party suing them (the "plaintiff") you would have the burden of proving your case, including their knowledge.
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