Water intrusion in basement not disclosed by sellers?

[bds85466]

What is the name of your state (only U.S. law)? MN

Greetings,

My wife and I purchased a home in March of 2012 (a little over a year ago). We had the home inspected while there was still snow on the ground (frozen). In roughly May, we began to have water seeping in from the floor/wall joint in the basement. To be fair, we had a ton of rain. From roughly May to July/August during the wet season, it was a constant battle Shop-Vac'ing the water up off the floor to keep it out of the finished area (especially any time it rained). I even went as far as applying some hydraulic cement at the joint. After the season was over, I chalked it up to being a really wet season, and next year would be different.

Until this last week (a year later), at the start of the MN spring here, we got roughly 3" of rain overnight and I went downstairs to a good amount of water in the basement...still seeping in as I type.

Was I duped? I feel like it. Do I have grounds to go back and ask for compensation/help in waterproofing?

I'm wondering if and when I missed a disclosure for this from the sellers? Are they required to disclose that? I'm looking back through the contracts now. I mean the sale was contingent upon our inspection, but how would an inspector know the extent of the problem without it being the wet season?

He did note some effervescence on the wall as well as we noted some sheet-rock was missing (in an unfinished area). But never once as far as I can remember did the sellers disclose prior water intrusion problems. It seems pretty much certain that water will come in with the MN rains in this property.

 

[bds85466]

I'm wondering if and when I missed a disclosure for this from the sellers? Are they required to disclose that? I'm looking back through the contracts now..

I went back and looked at the disclosure. The sellers disclosed as follows:

Answer Yes No to the following:
a) cracked walls/floor No
b) drain tile problem No
c) flooding No
d) foundation problem No
e) leakage/seepage Yes
f) sewer backup No
g) wet floors/walls Yes
h) other (no response)

Give details to any questions answered "Yes": No details given.

Looks like I may be SOL, except for I'd say what's happening now is a lot worse than simply seepage.

Any advice?

 

[Zigner]

I went back and looked at the disclosure. The sellers disclosed as follows:

Answer Yes No to the following:
a) cracked walls/floor No
b) drain tile problem No
c) flooding No
d) foundation problem No
e) leakage/seepage Yes
f) sewer backup No
g) wet floors/walls Yes
h) other (no response)

Give details to any questions answered "Yes": No details given.

Looks like I may be SOL, except for I'd say what's happening now is a lot worse than simply seepage.

Any advice?

You were on notice of prior problems. You could (and should) have inquired further.

 

[FarmerJ]

Since it was disclosed that there was seepage even though it offered no detail I do not see any recourse against the seller either, Ive been hearing my sump pump with the rains too these last couple days. If you dont have a sump pump then its time , ( i have old farm home w rock wall root cellar and seepage as well and the sump here keeps it down ) also you may have to build up around the house w more dirt then new grass to help push rain water away.

 

[bds85466]

Since it was disclosed that there was seepage even though it offered no detail I do not see any recourse against the seller either, Ive been hearing my sump pump with the rains too these last couple days. If you dont have a sump pump then its time , ( i have old farm home w rock wall root cellar and seepage as well and the sump here keeps it down ) also you may have to build up around the house w more dirt then new grass to help push rain water away.

Thanks all for the responses. Sump and pump were existent upon sale (though it burned out last summer). I then installed a new 1hp pump with a battery backup pump. The pre-existing drain tile which leads to the sump on the one exterior wall has been working as expected -- and keeping the pump running every 2 mins 15 seconds (as of yesterday). Today it was down to every 2:40, wooo hoo. The problem is that water is coming up from directly under the house along the interior wall (which borders a crawl space, not the exterior) which is troubling as there's no exterior wall within 15-20 feet of the intrusion.

 

[FarmerJ]

Are you in the sand plain north of the metro ? Last if this house has a partial or dug out style basement , how old is your water line if on city water ? I ask that because im wondering now if you have a leak ?