Q: When the buyer notices water leakage after closing, will they sue Seller in Massachusetts?
Buyer did not ask Seller about water leakage before closing and seller did not know
A: Was there a realtor involved in this transaction? if so there are disclosure forms completed for the sale listing. As Seller did you complete such a form? Buyers typically make offers contingent upon home inspection results- was there a home inspection?
A:
In order to recover from the Seller, the Buyer must show the Seller made a false statement of a material fact made to induce the Buyer to act, and that the Buyer relied on the Seller's false statement.
Based on the short description of the issue, the Seller never made any statements about water leakage, true or false, and in fact, the Seller did not know about any water leakage. It is hard to see how the Buyer would have a right to sue in this situation.
Further, if the Buyer had an inspection that would have uncovered the water leakage, the Buyer is bound by that.
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