leaking basement

[jimily]

We bought an older home in MO about 2 months ago. Since then we have had standing water in the basement when it rains. On the contract they stated "some seepage" in the basement but no standing water. Is there any action we can take against the previous owners to fix the problem? We worked with a real estate agent, but she says there's nothing we can do.

 

[hopeful]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by jimily:
We bought an older home in MO about 2 months ago. Since then we have had standing water in the basement when it rains. On the contract they stated "some seepage" in the basement but no standing water. Is there any action we can take against the previous owners to fix the problem? We worked with a real estate agent, but she says there's nothing we can do.<HR></BLOCKQUOTE>

Did you have an inspection done by a third party inspector before you bought the house? If not you might have one or a plumber come in and look for evidence of previous water penetration or staining.

 

[jimily]

We did have the house inspected. The home inspector said there was evidence of the "seepage" but did not verify if there was or was no standing water. A couple of the contractors we have had come and look at our basement have said that this problem looks like it has been going on for a while. The bottom of the wooden staircase is also rotted out. I of course thought that the staircase was old and thus rotted. Now however I think that the standing water before has rotted the stairs!

 

[Tracey]

Consult a real estate attorney ASAP. You may be able to sue the sellers for failure to disclose the standing water, if you can prove they knew it was standing water & not just seepage. On the other hand, you had notice of water problems & may not have checked into them diligently enough. you may also have a claim agianst the inspector, depending on whether s/he was negligent/imcompetant for not recognizing the evidence of standing water (rotted stairs, mildew smell).

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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Tracey:
Consult a real estate attorney ASAP. You may be able to sue the sellers for failure to disclose the standing water, if you can prove they knew it was standing water & not just seepage. On the other hand, you had notice of water problems & may not have checked into them diligently enough. you may also have a claim agianst the inspector, depending on whether s/he was negligent/imcompetant for not recognizing the evidence of standing water (rotted stairs, mildew smell).

<HR></BLOCKQUOTE>

I agree with Tracey. Refer to previous post titled "disclosure of water problems in basement" for related situation.

[This message has been edited by HomeGuru (edited July 07, 2000).]