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JUICE2010 · Apr 29, 2009, 07:28 AM

I purchased a home about 14 months ago. The seller disclosed that the water problems they had only occurred once due to a power outage and not having a backup sump pump. However, I have noticed water coming in under the drywall and in the oil room. I had a waterproofing specialist come out to inspect the drain tiles. The drywall needs to be removed so he can check the drain tiles but he thinks it's a leak in the wall behind the drywall (should be covered by warranty and I plan on remodeling the basement anyhow). However, the he said the oil room will continue to leak and collect water since it needs a separate drain tile system to fix the problem (i.e. I will always have that problem unless I put in drain tiles). Is the problem with the oil room something the seller should have disclosed? Do I need to seek legal help to potentially get the seller to pay for the repairs to the oil room?

Thanks in advance.

excon · Apr 29, 2009, 07:37 AM

Originally Posted by JUICE2010

Do I need to seek legal help to potentially get the seller to pay for the repairs to the oil room?

Hello J:

I'm not sure if you have grounds to sue. The seller is required to inform you of any problems the house has. It sounds like they did - at least enough to conform with the contract. THAT, however, is the key to your lawsuit, if there is one...

You say "disclosed", but was it in writing?? Did you have a lawyer? And, the major question I have, is did you do a home inspection??

In any case, the answer to your question is you need to visit a lawyer simply to see if you have grounds. If you DON'T, he probably won't charge you to tell you that.

excon

JUICE2010 · Apr 29, 2009, 07:54 AM

The seller had only mentioned the flooding of the basement due to the power outage (1x thing) on the real estate condition report (we were both using the same real estate agent). There was no mention of the separate problem I'm having with the oil room. We had an inspection done prior to purchasing the home no issues were noted with any water problems in the oil room. The oil room only leaks when it rains or snow melts. The inspection was somewhat limited on the outside because there was snow on the ground. Also, the owner was putting up drywall in the basement at the time of the inspection so not every thing was fully visible (i.e. ceiling and the walls were close to being complete). Do you think it would be worth my time to consult a lawyer or am I stuck with the oil room fixes? Thanks Again.

Originally Posted by excon

Hello J:

I'm not sure if you have grounds to sue. The seller is required to inform you of any problems the house has. It sounds like they did - at least enough to conform with the contract. THAT, however, if the key to your lawsuit, if there is one...

You say "disclosed", but was it in writing??? Did you have a lawyer? And, the major question I have, is did you do a home inspection???

In any case, the answer to your question is you need to visit a lawyer simply to see if you have grounds. If you DON'T, he probably won't charge you to tell you that.

excon

excon · Apr 29, 2009, 08:12 AM

Originally Posted by JUICE2010

Do you think it would be worth my time to consult a lawyer or am I stuck with the oil room fixes?

Hello again, J:

I haven't changed my mind. I don't know how much YOUR time is worth, but it would be worth MY time. Yes, you should SEE a lawyer.

What's the problem?? You spend an hour with him, he tells you that you have a case or you don't. He's going to SEE the documents. He knows the facts on the ground IN your county. If you have a case, he'll tell you. If you don't, he'll tell you THAT too, and he won't charge you.

excon