If I bought a new home 9 months ago and the crawl space has been taking on water and the problem cannot they are trying to fixed, can I sue the seller?

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If I bought a new home 9 months ago and the crawl space has been taking on water and the problem cannot they are trying to fixed, can I sue the seller?

Asked on October 23, 2015 under Real Estate Law, Colorado

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can only sue your home's seller if:
1) The seller actually knew, or reasonably (given the circumstances and obvious facts or evidence) must have known about the problem,  but despite knowing about it, lied or misrepresented (e.g. failed to disclose) the situation.
2) The problem is material, or significant; a minor issue, one that is simply somewhat or occasionally irritating, is not one that would support recovery.
If criteria 1) and 2) above are met (and you believe you can prove them), you may be able to sue the seller and recover the cost to correct the situation.


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