Legal Question in Real Estate Law in Ohio

Seller Lying on House Disclaimer

I bought this home in November of 2004 for fair market value. The sellers did not diclose that the 2 crawl spaces of the house fill with ground water and cause 3'' of standing water in each crawl space. The water is even starting to leak into the main basement area that is between the crawl spaces. Every contractor I have spoken with states that this has ben an ongoing problem.

Our home inspector did not bring our attention to this problem, but in his report he stated that the crawl spaces had the potential to get water.

This is an expensive fix and money that we were not planning to spend 2 months after purchasing the house. Can I go after the seller? What is the least expensive way to do this? I can not afford our family lawyers fees of $150 an hour. Can I go to small claims court without an attorney?

Thanks to anyone who replys!!!


Asked on 1/12/05, 2:24 pm

1 Answer from Attorneys
William Chris Roderick Linton Belfance LLP

Re: Seller Lying on House Disclaimer

If the seller failed to disclose a known latent or hidden defect, you can present a claim. There may be issues regarding the "as is" provision and you should consult an attorney. Many local bar associations have lawyer referral programs. If the house was inspected, you can make a claim against the inspector, but read the contract, most have clauses limiting their exposure to what you paid for the inspection.

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Answered on 1/13/05, 2:25 pm


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