Q: Bought a house and they did not disclose drainage issues. We had a storm last weekend that flooded the basement
Missouri is a non disclosure state. Do I have grounds for sueing the previous owners for lieing about drainage problems when the neighbors told us it has been an ongoing issue?
A:
You very well might have a strong claim under Missouri's consumer protection statute, the Merchandising Practices Act (MPA). I've got a client with the same problem that has been made worse during the recent rains.
Our governor signed a bill that weakens the MPA but it doesn't go into effect until August 28.
Now is the time to have an attorney review your contract and the relevant facts. The challenge in these cases is often proving that the sellers knew about the problem. You'll need admissible proof rather than a hunch.
Here's a blog post that I wrote about situations like yours.
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
1 user found this answer helpful
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