Q: Bought a house in Jan. and was told the basement was waterproof but it is not, do we have a case against seller.
We bought the house and closed January 10th. When looking at the house and in the description of the house was told it was completely water proofed, turned out only the back wall was. We recently had a large down pour of rain and it flooded our basement, damaging a large carpeted area, which was a big reason we bought the house, we had to tear it all out and are fearful to put anything back in there. Our realtor was told it was water proofed and so were we. We had a home inspection done as well.
A: You very likely have a cause of action, and it may involve a claim for attorneys' fees and treble damages. Waterproofing can become a major expense, and restoration and replacement of carpets and walls destroyed by flooding can become a major expense. You should consult with counsel as soon as possible. I noticed that Moneta is twice the distance for me as the drive to Charlottesville, so it is impractical to act as anything more than consulting counsel, but you need to see a litigator in your county.
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