Legal Question in Real Estate Law in Illinois
hi i have a quick question: i been around 2 years since we moved in to our house the seller disclosed that a flooding in 2000 but due to sump pump back up due to a ligthing outage. Now after couple of time we noticed that the water had been actually coming in through a seepage in the basement wall. we noticed this every rain but she did not disclose this. My question is can we still go behind the seller or realtor even if has been 2 years. thanks.
2 Answers from Attorneys
Based o nthe facts posted, you may still ahve a cause of action against the seller-can't say against the realtor. You need to contact an attorney. If you had one representing you at closing, you might want to contact that attorney.
In Illinois you should have received a property disclosure form, which is the seller's certification as to certain facts about the house. Look for it and see if they responded at all to whether there was any flooding or seepage problem. If they did NOT, or if they did but the answer tries to explain away the situation, you MAY have grounds for fraud, which has a 5-year statute of limitations, and as to a contract action based in fraud, you're safe right now. Get thee to an attorney!!!! You will have to get a couple of estimates of repair by the way, so the attorney can make a demand prior to the possibility of lawsuit.
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