Do we have a case against our sellers?

Question

My husband and I completed the purchase of our first home in mid July, a condo. We moved in and one week later we came home the third night to a flooding basement. It had been raining and water came in around the bulkhead enterance to the basement.

This proceeded for the next week during heavy rains. The flooding expanded each day even while we tried to stop it and clean up the water.

We contacted our agent and read the disclosure again. The sellers had stated "some water around the bulkhead during heavy rains" This was not some water half the basement flooded which includes a finished area.

We contacted the condo management company and found out they have had problems with the sellers. We were forwarded several emails dating back to 2006 from the sellers to the management company complaining of flooding issues. One states "if i wasnt home today our basement would have flooded AGAIN"

We contacted the sellers and informed them we are seaking damages for the clean up and replacement of the carpet and drywall damages. We are also installing a sump pump and have requested they pay for that as well.

They have denied our claims. We contacted an attorney and are working through the proccess.

But do we have a case or will we loose? We feel with the emails and statements from neighbors we have proof that they had flooding but never told us. Should would proceed or just give up and pay out of our pocket.

Thanks!

Answer 1

You have a good case.

They made a material misrepresentation to you, AND you can prove, through those e-mails, that they had actual knowledge of the flooding problems.  Press on.

Answer 2

It sounds good so far, but your question can't really be answered accurately without reading your entire contract, knowing all the facts, and knowing your particular state's laws.  Follow your attorney's advice. If you don't trust your attorney, get different one.

Answer 3

you do have a case, but just remember winning is half the battle.

I've had to deal with several lawsuits and usually collecting is most likely going to be your biggest pain.

Answer 4

You can sue anyone for anything.  However, in this case, I don't believe you have a case.

The seller disclosed that there was water problems.  You should have following up on this yourself.  This was your job to follow up.

Did you have a home inspection.  This would have been something that they would have inspected.

If there had been problems, then the basement would have shown water damage.  

I'm sorry, but you didn't do your part in this.  

Answer 5

I think you have a case. You have done your homework and can prove that the seller knew the problem was greater than was acknowledged in the disclosure.

What did the inspection say about the problem? If the basement had flooded previously, it would have been fairly obvious to the inspector unless the seller took steps to repair previous water damage. Check the report for his notes and comments.

Answer 6

Go talk to an attorney, but “some water around the bulkhead during heavy rains” sure sounds to me like they disclosed a flooding issue to you. The seller isn’t required to define “some.” Your buyer’s agent could have, at your request, asked for elaboration from the seller’s side before you made an offer.  

This is why a home inspection is imperative on every home purchase.  If this issue had occurred before, there most certainly would have been evidence of it that your inspector should have noticed. What did your inspection report say?  

I wouldn’t waste my money. I’m certainly not an attorney, but I don’t think you can win a case on the grounds of how you perceived what was written in the seller’s disclosure. It’s not as if they told you there’s no water problem and then you found out otherwise.  

Answer 7

"Some" is not defined, so you really do not have a case. In their opinion, "some" may have meant the entire basement had water in it, compared to the whole house, while to you it may just mean a few drops. You can go ahead and sue them, but you won't win, based on the fact they told you there was a water problem. They don't have to give specific details unless you ask for them. They disclosed the problem, you should have followed up on it.

Answer 8

Your chances of legal redress are very low.  You DID see and acknowledge the fact that there is leakage 'during heavy rains'.  The sellers advised you that this occurred, and you bought the property anyway.

Why on earth did you buy a property in which the sellers disclosed that heavy rains cause leakage ?