Tangerine Posted July 15, 2014 Share Posted July 15, 2014 I figure it's worth a shot! The hive knows all. We bought our house 3 years ago. We bought it from a man who rehabbed it, or really from his company. Almost from the beginning, we have gotten water in the basement to varying levels of severity. I just kind of figured we must be having really bad luck. On account of I'm naive I guess. I never really thought this guy sat across from the table from us, signed the "I am not aware of any water problems in the basement/crawlspace", and sold this holey sponge of a house to a veteran and an enormously pregnant woman buying their first house. Turns out he did. Our neighbor eventually told us that while he was rehabbing the house, he put wood floor in the basement, and then tore it out TWICE due to flooding. After our last severe flooding, we have more evidence that he had cut out and repaired drywall in the basement, pulled out insulation without replacing it, and put the baseboards back up and slapped a coat of paint on it. I know the statue of limitations on the real estate disclosure is one year. Do we have any recourse? Fraud? Lying on a contract? Something? Our basement is now a disaster, we have to turn around and disclose when we sell the house, and we have to fix the problem. I feel like a moron. (We did, by the way, have an inspection and all that jazz. It's just not something they would have seen until we had to cut into the walls to repair the damage.) Quote Link to comment Share on other sites More sharing options...
Momof3littles Posted July 15, 2014 Share Posted July 15, 2014 I have heard it can be very difficult to win a suit in these situations, but you obviously should consult an attorney. It scares me because I know how few people disclose these things :/ and I dread worrying about it when/if we buy another home. Quote Link to comment Share on other sites More sharing options...
BrittanyM Posted July 15, 2014 Share Posted July 15, 2014 It will depend on the laws in your area as well, so I would speak to a local professional. Quote Link to comment Share on other sites More sharing options...
OneStepAtATime Posted July 15, 2014 Share Posted July 15, 2014 :grouphug: :grouphug: :grouphug: No suggestions except to consult with a lawyer. Do you have homeowner's insurance or one of those home policies you can purchase when you buy the house that protects you? Quote Link to comment Share on other sites More sharing options...
zoobie Posted July 15, 2014 Share Posted July 15, 2014 Another vote for lawyer. Fraud has a different SOL in many states that begins when the fraud is discovered or should have been discovered that could buy you some time. Don't wait any longer. Quote Link to comment Share on other sites More sharing options...
Tenaj Posted July 15, 2014 Share Posted July 15, 2014 I figure it's worth a shot! The hive knows all. We bought our house 3 years ago. We bought it from a man who rehabbed it, or really from his company. Almost from the beginning, we have gotten water in the basement to varying levels of severity. I just kind of figured we must be having really bad luck. On account of I'm naive I guess. I never really thought this guy sat across from the table from us, signed the "I am not aware of any water problems in the basement/crawlspace", and sold this holey sponge of a house to a veteran and an enormously pregnant woman buying their first house. Turns out he did. Our neighbor eventually told us that while he was rehabbing the house, he put wood floor in the basement, and then tore it out TWICE due to flooding. After our last severe flooding, we have more evidence that he had cut out and repaired drywall in the basement, pulled out insulation without replacing it, and put the baseboards back up and slapped a coat of paint on it. I know the statue of limitations on the real estate disclosure is one year. Do we have any recourse? Fraud? Lying on a contract? Something? Our basement is now a disaster, we have to turn around and disclose when we sell the house, and we have to fix the problem. I feel like a moron. (We did, by the way, have an inspection and all that jazz. It's just not something they would have seen until we had to cut into the walls to repair the damage.) Before you pursue make really sure that what you're seeing now is from prior water damage and not just because of the neighbor's testimony. I found out after we moved that our previous neighbor, who was a good friend of ours at the time, told the new owner's of our house that a sunroof in one of our rooms had always leaked and that we were always having trouble with it. Ummm . .. no, it had never leaked for us as evidenced by the fact that my desktop computer sat right underneath it for the whole time we lived in the house. I'm not sure what prompted her to tell them this story and I never had any more inquiries about it but it was totally made up by the neighbor's imagination. So, maybe the floor had been replaced twice and maybe not, I wouldn't assume just based upon the neighbor's testimony that that is what happened but if you have other evidence, then I would pursue what you can do based on your state law. Quote Link to comment Share on other sites More sharing options...
Tangerine Posted July 15, 2014 Author Share Posted July 15, 2014 I'm just going by what the team who came in and did the basement dry out work told us. I wouldn't have any idea what the missing insulation and drywall cut away would have indicated otherwise. Quote Link to comment Share on other sites More sharing options...
HSmomof2 Posted July 16, 2014 Share Posted July 16, 2014 It wouldn't hurt to consult an attorney, but I think may be difficult to prove fraud Quote Link to comment Share on other sites More sharing options...
ThisIsTheDay Posted July 16, 2014 Share Posted July 16, 2014 Definitely talk to someone. A lot will depend on your state laws. About that statute of limitations, I had a friend who sued her home's previous owner over a retaining wall several years after the home purchase, and my friend won. Quote Link to comment Share on other sites More sharing options...
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