Joplin, MO asked in Real Estate Law for Missouri

Q: We purchased a house back in October of 2017. Soon found out that the garage floods. Nothing in disclosure about this.

I was commenting to our new neighbors how the water got into the yard and they informed me that it will flood into the garage. There was nothing indicating this in the disclosure. I received a call from the realtor (whom are friends with the sellers) a couple of weeks before closing indicating that the sellers carried flood insurance but the house was not in a flood plain but they also carried earthquake insurance so there was nothing to worry about. I feel this was a blatant cover up and this obviously should have been disclosed.

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1 Lawyer Answer
Ronald J. Eisenberg
Ronald J. Eisenberg
Answered
  • Chesterfield, MO
  • Licensed in Missouri

A: Failure to disclose cases are difficult, because you must prove that the seller knew of the problem. They might have known, but what is your proof that they knew? The fact that they carried flood insurance is not proof that the garage flooded and that they knew it.

If you can overcome these hurdles and are willing to invest in a lawsuit, you could assert a claim under Missouri's consumer protection statute, the Merchandising Practices Act.

Best wishes.

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