What are my rights if I recently bought a house and the seller intentionally misrepresented the condition of the house?
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What are my rights if I recently bought a house and the seller intentionally misrepresented the condition of the house?
The home inspection was done and active knob and tube was found. The seller was informed that it needed to be removed before we signed the contract. The seller provided falsified receipts indicating the knob and tube was removed. After we moved in my electrician found active knob and tube. Now, the seller is indicating she owes nothing due to merger of deed. Seller is also VP in a real estate firm (but was not the listing agent). Any advice?
Asked on June 11, 2015 under Real Estate Law, Massachusetts
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 8 years ago | Contributor
Merger of deed should not protect against fraud, or intentional mispresentation of material (important) facts made with the intention that the other party rely on them, and upon which the other party does reasonably rely. Based on what you write, you would seem to have grounds to sue her for the cost of correcting the electrical work.
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