Q: Seller lied in disclosure said basement didn’t flood, we forwent building inspection planing to sue is it worth it?
Rained a week after buying, 3’ round puddle formed in basement tried contacting seller to resolve issue they refused to talk. We did forgo building inspection but they lied in seller agreement. Talking to lawyer planing on suing seller to buy home back or pay for flood repair in basement. Is it worth it?
A: No one can answer your question better than the lawyer you're talking to, who should have access to all the same details you do. And usually a lawyer would consider a contingency fee agreement for a case like this so rest assured he or she will definitely let you know whether it's worth it.
Kenneth V Zichi and Peter J. Weinman agree with this answer
A: We do our fair share of litigation in Seller Bad Faith. Even if you choose to waive an inspection, if you relied upon the Seller's Disclosure and can prove that the Seller knowingly disregarded the truth when they completed the disclosure statement, you may have a case. There is a high burden of proof that you have to convince the trier of fact - the facts must show "clear and convincing"evidence that the seller had known about the problem and failed to disclose it. Additionally, even a home inspector may not have found the alleged issue if it was not 'visible" as most home inspectors will limit their inspection to what can be readily seen. For more information visit - www.ProvenResource.com
Peter J. Weinman agrees with this answer
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