Legal Question in Real Estate Law in Illinois
Disclosure of water leak
We recently purchased a home that's about 2 years old, the seller's disclosure stated their was no leak or water problems to their knowledge in the basement. There was a heavy rain and the basement had water. Not standing water but the whole permimiter of the basement was wet like it was coming up from the ground along with 2 areas you could see where water had run down the wall. We had an inspection done prior to purchasing, he did not note any water seepage/leakage. I find it hard to believe this is the first time this has happened. We did not notice anything unusual before entering into a contract. We have not had anyone out to give us an estimate to repair. Do we have any resource from the seller?
2 Answers from Attorneys
Re: Disclosure of water leak
I think you mean "recourse". You would have to prove that the Sellers knew about this leak. That could be very tough. You didn't mention where you live. If you are in the Chicago area, Perma Seal does wonders in eradicating leaks, and they are not too expensive. Leaks of the kind you describe generally come from over the top of the foundation. Make sure that the top of the foundation is sealed, and that the dirt around the house provides for water flow away from the foundation rather than to it.
Re: Disclosure of water leak
We get a lot of calls like yours this time of year. The statute of limitations on the seller disclosure is generally one year. Even if you can get around this, proving that the seller knew there was a problem is going to be tough. Another problem you're going to have is the fact that you went two years without a problem. We've had some pretty big rains in that two year period, so trying to claim the seller knew about it is going to be a real stretch. The best advice I can give you: Check the gutters and downspouts and make sure the dirt around your foundation slopes away from the house.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
