Misrepresentation on Property Disclosure Statement

I sometimes get calls from home buyers who discover that there are problems with the used house they just bought.  Often the problem relates to water in the basement and the Property Disclosure Statement from the seller states that there are no known issues.

The first thing to do is contact your realtor and see if there is anything the seller is willing to do to compensate you.

If the seller is not willing to compensate you, your only remedy is to sue the seller for misrepresentation.

At trial, you and your lawyer will have to provide sufficient evidence to prove that there was an issue in the past and the seller knew about it.  You will also have to provide evidence about the cost of repairs.   Experts are usually required for both.

Keep in mind that you don’t need a lawyer for a Small Claims Court, which can award damages up to $20,000.00.

David R. Barth

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