Legal Question in Real Estate Law in Massachusetts

I purchased a home in which I was told, for the entire period of the sale, there were no problems with water in the basement. I've since had two raid periods where water has been seeping thru the basement foundation and have been told my neighbors that it gets much worse during cranberry season when the bogs are filled ( I live on the cape). Can i pursue the real estate agent and/or selling party for money to fix the foundation?


Asked on 9/28/09, 6:36 pm

2 Answers from Attorneys

Craig J. Tiedemann Kajko, Weisman & Colasanti, LLP

Although more information is necessary, if the seller or its agent (broker) specifically represented the basement was not prone to leaks, you may have a claim for misrepresentation (whether negligent or intentional, both survive the passing of the deed). The terms of the P&S will probably also be relevant to determine your rights here.

Ultimately, your claim is only as good as the amount of damages you suffer as a result of the misrepresentation. here, that would likely include the cost to remedy/repair the issue, and (though less likely) perhaps small damages the difference in value between the home you thought you were buying (one where the basement does not leak) and the house you actually bought (which does).

I have handled cases involving these issues before. Feel free to contact me directly to discuss this further.

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Answered on 10/03/09, 9:02 pm
Joseph Murray Joseph M. Murray, Esq.

Retain an attorney to review the purchase agreement and discuss all representations made relative to the basement being free of leaks to determine whether you have a cause of action for misrepresentation and/or a consumer protection violation. Good Luck!

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Answered on 10/07/09, 12:36 pm


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