Seller did not disclose broken pool lines
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Seller did not disclose broken pool lines
About 2 1/2 years ago, I purchased a home with an in-ground pool. It was
in the fall, so the pool was closed and covered. We remodeled the inside of the home and finally got around to work on the outside of the property. The seller informed us that the pool needed a new liner but was otherwise in great working condition. We hired a pool company to replace the liner, pump and filter. After completion of the project, the pool would not work. Water would not flow in the skimmer, but in one of the returns and out of another. The former owner had bypassed the skimmer and lines due to a leaking main pipe. We just spent $8000 on the new liner and equipment, then had to cut concrete, dig a 4 ft x 4 ft hole and repair the leaking pipe. Is there a statute of limitations or can we still seek ramifications from the seller?
Asked on June 10, 2018 under Real Estate Law, Rhode Island
Answers:
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can sue the seller for fraud. Fraud is the intentional misrepresentation or nondisclosure of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.
In other words, you would not have bought the property had you known the true condition of the pool.
Your damages (monetary compensation you are seeking in a lawsuit for fraud) are either benefit of the bargain or your out of pocket loss.
Benefit of the bargain means a defrauded purchaser may recover the difference between the real and represented value of the property purchased regardless of the fact that the actual loss suffered might have been less.
Out of pocket determination of damages for fraudulent misrepresentation permits recovery of the difference between the price paid and actual value of the property acquired.
Rhode Island has a ten year statute of limitations for filing a lawsuit for fraud. Therefore, it is not too late for you to file your lawsuit against the seller.
S.L,. Member, California Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
You can sue the seller for fraud. Fraud is the intentional misrepresentation or nondisclosure of a material fact made with knowledge of its falsity and with the intent to induce your reliance upon which you justifiably relied to your detriment.
In other words, you would not have bought the property had you known the true condition of the pool.
Your damages (monetary compensation you are seeking in a lawsuit for fraud) are either benefit of the bargain or your out of pocket loss.
Benefit of the bargain means a defrauded purchaser may recover the difference between the real and represented value of the property purchased regardless of the fact that the actual loss suffered might have been less.
Out of pocket determination of damages for fraudulent misrepresentation permits recovery of the difference between the price paid and actual value of the property acquired.
Rhode Island has a ten year statute of limitations for filing a lawsuit for fraud. Therefore, it is not too late for you to file your lawsuit against the seller.
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