Q: Do we have any recourse with the seller??
We just purchased a home. We've lived here for about 2 1/2 months, but we started experiencing plumbing issues within the first few weeks. The plumber we spoke with said the seller had to have known these issues yet they weren't disclosed to us. Do we have any kind of recourse?
A: If you purchased with a Utah standard form Real Estate Purchase Contract, the seller would have had to make disclosures of known defective conditions with the property. If you can prove they knew about them, and didn't disclose them, you may have a claim for fraud, or breach of contract, or both. You will probably be required, however, to establish fraud by clear and convincing proof, which is a hard burden to meet.
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