Leaky basement not disclosed in new house

[grenicali]

Hi,

I'm hoping someone can help.

I bought my first house - closed August 31 and moved in September 1. In early October, after some rain, there was major water leakage. Every room downstairs had water. There was also an earlier incident with a small amount of water in one room after light rain. We had a contractor come, he cut out squares in the walls of a couple of rooms and found pre-existing mold. He gave an estimate - which was for re-landscaping (raising the grade) and for all new knee walls, mold treatment, etc.

I called my realtor who then called the seller's realtor. The seller's said they knew it leaked, but "thought they fixed it" On the disclosure form, they marked that the basement did not leak. They offered to pay $2000 of the estimate, which was nothing compared to the estimate. I asked my realtor if we could get it in writing, and they were too smart to do that.

So...I went to a lawyer, who I believe did a very poor job. He sent them a couple of letters along with the estimate and pictures, and tried calling them once, with no response. So, I'm now out that money too. Next thing we were going to try, since I can't afford bringing this case to trial with a lawyer (his expenses would probably take half what we would win) is small claims court. My question is, before wasting anymore money, do you think we would win in small claims court? And is there a deadline for the amount of time that can pass (Since we closed Aug. 31, is it too late now?) I'm located in Wisconsin.

Thank you!!!

[grenicali]

Anyone?? Please!

[HomeGuru]

Originally Posted by grenicali

Hi,

I'm hoping someone can help.

I bought my first house - closed August 31 and moved in September 1. In early October, after some rain, there was major water leakage. Every room downstairs had water. There was also an earlier incident with a small amount of water in one room after light rain. We had a contractor come, he cut out squares in the walls of a couple of rooms and found pre-existing mold. He gave an estimate - which was for re-landscaping (raising the grade) and for all new knee walls, mold treatment, etc.

I called my realtor who then called the seller's realtor. The seller's said they knew it leaked, but "thought they fixed it" On the disclosure form, they marked that the basement did not leak. They offered to pay $2000 of the estimate, which was nothing compared to the estimate. I asked my realtor if we could get it in writing, and they were too smart to do that.

So...I went to a lawyer, who I believe did a very poor job. He sent them a couple of letters along with the estimate and pictures, and tried calling them once, with no response. So, I'm now out that money too. Next thing we were going to try, since I can't afford bringing this case to trial with a lawyer (his expenses would probably take half what we would win) is small claims court. My question is, before wasting anymore money, do you think we would win in small claims court? And is there a deadline for the amount of time that can pass (Since we closed Aug. 31, is it too late now?) I'm located in Wisconsin.

Thank you!!!

**A: it's not too late. Get a new lawyer and sue in regular claims court. What state are you in?

[grenicali]

I'm in Wisconsin. Why a lawyer and regular court vs small claims? Do you think I can sue for lawyer fees? If not, the lawyer fees will take up too much of my winnings. The total damage was estimated at $7600. Small claims I can get up to $5000, but if I hired a lawyer, he would probably take half of my 7600.

Thank you for responding!

Originally Posted by grenicali

Hi,

I'm hoping someone can help.

I bought my first house - closed August 31 and moved in September 1. In early October, after some rain, there was major water leakage. Every room downstairs had water. There was also an earlier incident with a small amount of water in one room after light rain. We had a contractor come, he cut out squares in the walls of a couple of rooms and found pre-existing mold. He gave an estimate - which was for re-landscaping (raising the grade) and for all new knee walls, mold treatment, etc.

I called my realtor who then called the seller's realtor. The seller's said they knew it leaked, but "thought they fixed it" On the disclosure form, they marked that the basement did not leak. They offered to pay $2000 of the estimate, which was nothing compared to the estimate. I asked my realtor if we could get it in writing, and they were too smart to do that.

So...I went to a lawyer, who I believe did a very poor job. He sent them a couple of letters along with the estimate and pictures, and tried calling them once, with no response. So, I'm now out that money too. Next thing we were going to try, since I can't afford bringing this case to trial with a lawyer (his expenses would probably take half what we would win) is small claims court. My question is, before wasting anymore money, do you think we would win in small claims court? And is there a deadline for the amount of time that can pass (Since we closed Aug. 31, is it too late now?) I'm located in Wisconsin.

Thank you!!!

They disclosed no leakage in basement..I assume you had your own inspection (apx. $350.00) prior to purchasing..If not then you assumed the info was correct..As they stated, they thought it was fixed and there was no leak to their knowledge..
Yes you can find an attorney to take your money, but could they litigate to win your case?

[Mister Darcy]

Originally Posted by Trucking Mad

They disclosed no leakage in basement..I assume you had your own inspection (apx. $350.00) prior to purchasing..If not then you assumed the info was correct..As they stated, they thought it was fixed and there was no leak to their knowledge..
Yes you can find an attorney to take your money, but could they litigate to win your case?

I don't know anyhting about Wisconsin real estate law, but every house that I have ever sold, I had to disclose if there had EVER been a leak in the basement. Whether or not it had been fixed.

[HomeGuru]

Originally Posted by Mister Darcy

I don't know anyhting about Wisconsin real estate law, but every house that I have ever sold, I had to disclose if there had EVER been a leak in the basement. Whether or not it had been fixed.

**A: yes, that is the correct method for full disclosure.

[grenicali]

Originally Posted by HomeGuru

**A: yes, that is the correct method for full disclosure.

So, they did not disclose it and they admited they knew about it, plus tried to pay us $2000 if we signed an agreement putting an end to it...do we have a legitimate case for small claims court or would I be wasting more money???

Originally Posted by grenicali

So, they did not disclose it and they admited they knew about it, plus tried to pay us $2000 if we signed an agreement putting an end to it...do we have a legitimate case for small claims court or would I be wasting more money???

They verbally admitted, but nothing on paper in writing. Working with the facts that you've stated, I again state could an attorney litigate to win your case?

[HomeGuru]

Originally Posted by Trucking Mad

They verbally admitted, but nothing on paper in writing. Working with the facts that you've stated, I again state could an attorney litigate to win your case?

**A: and why are you asking such a lame question? How would the writer know?

Originally Posted by HomeGuru

**A: and why are you asking such a lame question? How would the writer know?

How is it lame..They're wanting to know, I'm asking them to use their noodle. Based on the facts they presented, would you use an attorney?