What to do if my newly purchased home flooded within 2 weeks of moving in and a water damage specialist said it had previous such damage but this information was not disclosed by the seller?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What to do if my newly purchased home flooded within 2 weeks of moving in and a water damage specialist said it had previous such damage but this information was not disclosed by the seller?
It flooded due to bad weather. What legal right do I have to have seller pay for damages?
Asked on June 28, 2015 under Real Estate Law, Texas
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
If, as seems to be the case from what you write, the previous owner knew of the problem but misrepresnted (or lied about) it, then the previous owner may have committed fraud (knowingly making a material, or important, misrepresentation of fact). If so, then you may be able to recover compensation, such as the cost of repairing the damage and/or installing corrective measures, like French drains. Sellers are supposed to disclose problems such as flood conditions; there is a good chance that the failure to disclose was in fact fraud. Based on what you write, it would be worthwhile to discuss the matter in some detail with a real estate attorney.
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.