Legal Question in Real Estate Law in New Hampshire
Sellers lied on property disclosure
My husband and I purchased a house in NH in May 2007. On the property disclosure it was stated that there was no flooding issue in the finished basement. Our agent also asked the sellers agent if there were any flooding issues and then my husband and I asked the sellers the same on another occassion. Both times the sellers and their agent stated there were no issues of flooding. We have now lived in the house for several months and a neighbor informed us that the previous owners filed a claim through FEMA for flooding about a month before we signed the P&S. I called FEMA and found that this is in fact true, however the sellers were sneaky and they never filed a claim with their insurance company. We believe this is fraudelent and negligent on the part of the sellers. What are our options?
2 Answers from Attorneys
Re: Sellers lied on property disclosure
You might start by contacting the broker and outlining your concerns. When you finish your discussion, be sure to send a confirming letter summarizing the discussion. If that doesn't lead to some form of resolution, you probably should consult with an attorney to review the matter further and determine if legal action is appropriate. Also, you may wish to inquire if there were any repairs made after the flooding issue arose. Perhaps the problem has been addressed.
Re: Sellers lied on property disclosure
I just completed an identical case except the disclosure was an ant infestation. You should consider a potential lawsuit because it appears that you have proof that the sellers actually knew of the flooding and intentionally mislead you.
Of course, there are always defenses that can be raised like the disclousre form says you should not rely on this and there is always the issue of why your home inspector did not detect it.
In any event, it sound like you have a good claim.
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