Q: Can I sue the seller or contractor?
I purchased a house in Aug 2019. There was rotted would that i wanted replaced and the banks underwriter was requiring to be replaced. The receipt from the contractor stated the wood was replaced. It wasnt replaced. It was temporarily fixed. My basement has been getting rained in at the spot of the rotted wood since I moved in. Can I sue the sellers or contractors because its basically a breach of contract. They didnt do what the bank nor myself asked them to do before closing. They basically lied resulting in me continuing with the purchase. How am I protected as a buyer in this situation?
A:
If you did not hire the contractor then I don't think you have a legal basis to sue the contractor. But I believe it is worth looking into suing the sellers for violation of Missouri's Merchandising Practces Act (MPA). Here's a blog article that I wrote. Beware, Missouri's governor signed S.B. 591 that amended and weakened the MPA. The amendments apply to cases filed on and after August 28, 2020, so if you are going to end up engaging an attorney and suing, you ought to do it before the statute is weakened.
https://www.sl-lawyers.com/single-post/2017/05/23/What-can-you-do-if-seller-fails-to-disclose-a-leaky-basement
Ronald J. Eisenberg
Schultz & Associates LLP
640 Cepi Drive, Suite A
Chesterfield, MO 63005
www.sl-lawyers.com
Direct: (636) 733-6647
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