Legal Question in Real Estate Law in Ohio
I bought house 1 1/2 yr. ago, it was advertised as new and remodeled. He bought it from bank owned for very cheap and sold it for almost 3xs that. It was basically flipped. In actuality he covered alot up and did not disclose alot that he should have. From faulty electrical wiring (extention cord to stove), to bad drains, to ALOT of water and sewage in crawlspace with ALOT of mold and structural damage from water.There were large holes behind cabinets, which he just sprayfoamed,holes in floors,standing sewer water,and much more. It cost us thousands of dollars just to make the place liveable.I have pictures and reiepts of everything that we had to fix.
Now that we are trying to sell, the buyer's inspector pointed out even more damage that we didn't know about. Our inspector never went into crawspace because "he coudn't find the access". We trusted the seller when he said it was fine, because he would have disclosed anything wrong, right? well this flipper needs to be stopped before someone buys a house of his and gets sick or injured. Am I able to sue him for the actual cost to fix all the damages he didn't?
1 Answer from Attorneys
Dear Homebuyer: Much will depend upon the terms of your Offer and Acceptance, i.e your Purchase Agreement. If, as you say, you were completely misled, you may have an action (lawsuit) against the Seller for fraud, misrepresentation, breach of contract, etc. If the words "As Is" appear in the contract of purchase, proof may be difficult, by=ut not impossible under the laws applicable.
And it is necessary to ascertain if this "Flipper" is collectible and/or still within the jurisdiction of the Court.
Seek Counsel ASAP, since your time limitations are "ticking" and may expire if you wait too much longer. Good luck. Sincerely, J. Norman Stark, Cleveland, OH.
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