Q: I bought a home four months ago and the seller did not disclose that there was serious drainage/flooding. He flipped
the home and did not live in it, although he had it almost two years and neighbors have told me they tried to get him to address the situation, so he knew 100%. Do I have recourse to make him pay for fixing it? I was told since he did not live in the property I would not. I live in Ohio.
A: You have the right to sue him for the problem, and the court case will determine if he had knowledge of the problem and failed to disclose the problem, and whether he has any liability. If you had inspections, and the problem could have been discovered on inspection, he might not be liable. Before proceeding with litigation, have the problem evaluated and obtain cost estimates. Contact the seller and try to work it out. Or use the Find a Lawyer tab and retain a local construction litigation attorney to review all the facts and advise you of your options and whether litigation would be cost-effective. Litigation can be very expensive and take a long time.
A:
There may be an exception to the Seller disclosure statement if the seller did not reside in the house. However, if you can prove that he was aware of the issue then the Seller disclosure statement is not a factor. The key will be the language of the purchase agreement. If you purchased "as is", then the Seller is not required to disclose, but an as is clause does not prevent a claim for fraud. A claim for fraud would exist if he knew and falsely answered an inquiry into the subject.
An attorney would need to review your purchase agreement.
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