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seller/lied/water

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What is the name of your state? new york

My husband and I just bought bought our first home 1 1/2 years ago. we had a full inspection done, and were told there were no major problems with the house. we were told that there was moisture in the basement but no signs of leaks. we live in a hight water table area, so we do have 3 sump pumps in the basement. after moving in we did see a rust spot on the basement floor, in the shape of a circle, like there was some sort of bucket/pail there before. we moved in during the winter, but when the spring came.......oh boy. water everywhere. on the sellers disclosure is stated no water problems,,,,everything checked no. the previous sellers lived in that house for 18 years. i do know that they removed a walkout basement, so that they could build a 3 seasons sun room, and that is the area that we are getting most of the water. so our 1st summer in the house we replaced one sump pump that was never hooked to the sewer......that seemed to help very little. this year we put in gutters.......still helped a little........it just rained again, and i know have water again, where the walkout basement was removed............ i have been tolorant the past 1 1/2.....now i am very upset............ i am going to hire a basement waterproof professional to see what needs to be done. i am worried about mold and structure damage now.

how is it possible that the sellers whom lived in this house for 18 years did not know of this problem. did the really think they could get away with this????

my problem is i am not sure how to take care of this legally. i don't want to end up having to hire a lawyer for thousands of dollars. my husband thinks that nothing can be done, but i strongly know the sellers lied on the disclosure, ans i know the law in new state says something about a seller being held liable for 5 years.....

anyone have any advise????? thank you in advance
 


HomeGuru

Senior Member
thepenster060 said:
What is the name of your state? new york

My husband and I just bought bought our first home 1 1/2 years ago. we had a full inspection done, and were told there were no major problems with the house. we were told that there was moisture in the basement but no signs of leaks. we live in a hight water table area, so we do have 3 sump pumps in the basement. after moving in we did see a rust spot on the basement floor, in the shape of a circle, like there was some sort of bucket/pail there before. we moved in during the winter, but when the spring came.......oh boy. water everywhere. on the sellers disclosure is stated no water problems,,,,everything checked no. the previous sellers lived in that house for 18 years. i do know that they removed a walkout basement, so that they could build a 3 seasons sun room, and that is the area that we are getting most of the water. so our 1st summer in the house we replaced one sump pump that was never hooked to the sewer......that seemed to help very little. this year we put in gutters.......still helped a little........it just rained again, and i know have water again, where the walkout basement was removed............ i have been tolorant the past 1 1/2.....now i am very upset............ i am going to hire a basement waterproof professional to see what needs to be done. i am worried about mold and structure damage now.

how is it possible that the sellers whom lived in this house for 18 years did not know of this problem. did the really think they could get away with this????

my problem is i am not sure how to take care of this legally. i don't want to end up having to hire a lawyer for thousands of dollars. my husband thinks that nothing can be done, but i strongly know the sellers lied on the disclosure, ans i know the law in new state says something about a seller being held liable for 5 years.....

anyone have any advise????? thank you in advance

**A: go and see an attorney that specializes in real estate seller disclosure litigation. It should be a free consultation.
 

ksilverio

Junior Member
Same Problem!

Massachusetts


My husband and I have the same problem-

We've been in our home for 2 months. We've done close to 20k in remodeling (windows etc) and I moved my graphic design company to the newly remodeled basement, with about 15k worth of computer equipment. Last nite we had terrrible rain and the place took on water, as well as in our garage. I'm out about 1500.00 myself in stock, and the mahogany we had in the garage is junk. The seller sever disclosed that it got even DAMP inhere, althoug there is a sump pump (broken). After speaking to my RE agent, I was told that A) the home inspector is at fault for not picking up on the potential problem, and B)the seller is responsible because she lied on the disclosure. I'm being informed to sue both the inspector and her. We also found termites living in the bushes in front of the house (which we paid extra for a termite inspection).
 

HomeGuru

Senior Member
ksilverio said:
Massachusetts


My husband and I have the same problem-

We've been in our home for 2 months. We've done close to 20k in remodeling (windows etc) and I moved my graphic design company to the newly remodeled basement, with about 15k worth of computer equipment. Last nite we had terrrible rain and the place took on water, as well as in our garage. I'm out about 1500.00 myself in stock, and the mahogany we had in the garage is junk. The seller sever disclosed that it got even DAMP inhere, althoug there is a sump pump (broken). After speaking to my RE agent, I was told that A) the home inspector is at fault for not picking up on the potential problem, and B)the seller is responsible because she lied on the disclosure. I'm being informed to sue both the inspector and her. We also found termites living in the bushes in front of the house (which we paid extra for a termite inspection).

**A: please start your own thread.
 
thank you. i will be contacting my my realtor, and an atty if need be. i also have a contractor whom waterproofs wet basement to give me an estimate....i will keep you all informed....
 
well, i have had 2 estimates done for my basement..estimate one is
3,000.00 estimate two was 4,500.00 for the same job. i was told i have had standing water problems for years............ i will be getting a couple more estimates then off to small claims i go....good thing i know where the sellers live now (just a few minutes from me) one of the estimators also told me i should go after the inspector too.......is this really possible?
 

HomeGuru

Senior Member
thepenster060 said:
well, i have had 2 estimates done for my basement..estimate one is
3,000.00 estimate two was 4,500.00 for the same job. i was told i have had standing water problems for years............ i will be getting a couple more estimates then off to small claims i go....good thing i know where the sellers live now (just a few minutes from me) one of the estimators also told me i should go after the inspector too.......is this really possible?

**A: yes go after the homw inspector too. And in regular claims court.
 

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