Legal Question in Real Estate Law in Massachusetts
Can I take legal action against condo's previous owner for not installing a sump pump in the basement with HOA provided funds? My townhouse's finished basement flooded two weeks ago in Massachusetts. I am in the process of cleaning and rebuilding. I just found out from the HOA that a few years back all owners of the townhouse were given HOA money to install sump pumps in their basements to prevent /minimize such a situation. The previous owner of my townhouse just pocketed the money and never installed the sump pump. We want to take legal action against the previous owner but wanted to know what I need in terms of proof and or if we can even take legal action.
1 Answer from Attorneys
It can be tough to bring a claim in these circumstances, because it is often said that the "purchase and sale merges into the deed."
Nevertheless, I am intrigued by the sump pump agreement that the prior owner entered into, and think that, depending, it could serve as the basis for a claim by you for the damage to your house.
If you want to contact me to discuss your options, I would be glad to speak with you:
Office: 617-230-2779
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