Hello! We moved into our new house almost two weeks ago. The sellers disclosed that in their 15 years living there they only had three basement water issues...two of which was minor and user errors, and the third being that monster Mother's Day storm years ago. They stated they have a dry basement. Since moving in (again, not even two weeks) we've had two water issues from foundation cracks. It hasn't even rained that much and we've got water. I've met a few neighbors over the weekend, two of which commented that the sellers were "always" having water issues. One even said the house would be perfect were it not for "all the water problems" the previous owners had. I know I don't have a lot to go on, but is there any legal action here to help pay for waterproofing? Thanks!
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The Editor, Mark Bernardin, is an attorney living in MA. Please send your suggestions or comments to: TheEditor@malawforum.com
Disclaimer
The answers and information provided on this site are for informational purposes only and are NOT substitutes for professional legal advice. Before making legal decisions, you should discuss your specific circumstances with an attorney.
Seller misrepresentations in MA
Generally, a seller does not have a duty to disclose defects in a home under Massachusetts law. However, a seller cannot lie about the condition of a home. That is fraud. Your seller's fraudulent statements may have induced you to purchase a property that you would not have otherwise purchased, or at terms that you would not have accepted. Depending on the amount of money required to make the repairs, and on whether your neighbors are willing to testify on your behalf, you may want to contact an attorney to pursue this matter. If the amount is not large, and you have a neighbor who will go with you and offer testimony, you might want to consider small claims court. Good luck.
Post Closing Issues Question
Thanks for the advice...I appreciate it. While the neighbors all comment on the ongoing water issues with the house, it seems like they were all friendly with the previous owners and I doubt any would offically testify, but I don't know that for sure. I've had several quotes done, and I am looking at ~$9,000-$12,000 to ensure my water issues are resolved. Case in point today, my garage is flooded out. There is no way they could have had 3 issues with water in 15 years considering I am on three weeks with now 4 water issues.