Legal Question in Real Estate Law in Ohio

is this legal representation?

we bought our home in Oct 2004 in Jan 2005 our basement was flooded we were told that when we bought this house that it had only flooded 1 time but never again. Since Oct 2004 everytime it rains the basement floods and now we are stuck waterproofing the basement for ~$10,000.00 to fix the problem plus the furness and appliances that were down in basement has also been ruined. So we also have to get them replaced. What can we do, contact the seller, please help- i have contacted my agent and he said that there is nothing that he can do. i am beside my self that is so much money.


Asked on 6/28/06, 11:38 pm

1 Answer from Attorneys

J. Norman Stark J. Norman Stark , Attorney, Architect

Re: is this legal representation?

Dear Flooded Homeowner,

You have every right to bring an action (sue) for the seller's intentional misrepresentation as to the true condition of the basement and its tendency to flood from each rain. This should include actual damages as well as damages for intentional misrepresentation of the seller.

Ohio law, at Section � 5302.30 (A), provides:

(1) "Good faith" means honesty in fact in a transaction involving the transfer of residential real property...

Additionally, the law specifically: "... provides for the seller's disclosure, in the form of an Affidavit, for the benefit of all purchasers."

I strongly urge you contact an experienced real estate Attorney to obtain the economic relief to which you are entitled. This may well include the realtor as an additional defendant, if the facts support the agent's lack of professional representation in the transaction.

Good luck!

Sincerely, J. Norman Stark

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Answered on 6/29/06, 7:13 am


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