Legal Question in Real Estate Law in Indiana
bought a home with bad water
need to know if there is a lemon law on selling or buying a home with bad water. realtor knew water did not pass test didnt tell us what was wrong but that it was probable because of well water found out next spring was full of ecoli and other harmful bacteria when inspected was told full of snakes dead and alive house was in need of lots of repair dont mind remodeling but should someone take responsiblity for selling us a home with such harmful water used it for 4 months feed it to my kids need to know if there is a way to get help
1 Answer from Attorneys
Re: bought a home with bad water
Unless this is a new home or built within the past 10 years, there is no statutory remedy. However, if the realtor was aware of the problems and failed to disclose the same, the seller will probably also be considered as having had the same knowledge. You can sue on a theory of fraud (a common law remedy) for damages because the property you bought was not worth what you paid or you could sue for recission on the basis of either fraud or mutual mistake to get all of your money back. The realtor will probably have an errors and omissions policy that will provide an attorney to defend him and a fund for recovery. The owner will probably not have an insurance policy of any sort to protect him. Depending upon your location, the litigation can be expected to take more than a year to complete. Your damages may be either the cost of repair or the diminuation of value. It is very important to get an appraisal of the property as it is, as well as to get together estimates for the cost of repairs to put the property in the position you believed it to be.