Legal Question in Real Estate Law in Ohio

Water Problems in Basement

We sold our house our self in Ohio in August 1998. Then we moved to Florida. The new owner says shortly after moving in there was water problems in the basement. When he looked at the house, before he said he would buy the house. I told him the only time we had problem with water was back in 1984 when the water line broke coming into the basement at the

water meter and we had 3-4 inches of water. Other than that we haven't had any problems. He said that was OK, no problem. We signed a property disclosure form stating we didn't have any problems with the home. He hired a company that repaired a crack in the basement wall and they told him that the problem had been ongoing for some time because the wood behind the paneling was rotten and that we knew about it. I told his Lawyer that we didn't know and 2 years before selling, Why would I put wall to wall carpet down there if I knew of a problem. He is wanting us to paid for his Lawyer fees, $11,000 for fixing the basement, and punitive damages in the amount in excess of $25,000. We lived there 19 years and never had any problems. The house is aprox. 40-45 years old. Are we liable for this?


Asked on 1/02/01, 2:20 pm

2 Answers from Attorneys
Alexander M. Rosenfeld Rosenfeld & Stein, P.A.

Re: Water Problems in Basement

The reply from Mr. ZOtero is accurate. I suggest you do likewise. The general rule is that if you know or should have known about a latent defect, you are obliged to disclose that to the prospective buyer. It seems you did that.

Consult with a competent real estate atty in Ohio.

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Answered on 1/06/01, 7:47 pm
Jorge Otero Jorge E. Otero & Associates, P.A.

Re: Water Problems in Basement

Since the house in controversy is in Ohio, consult with an attorney there. He/she will want to review the contract, see if it was an "as is" sale, see if the buyer had ample opportunity to inspect, did so within the time limits set forth in the contract, etc. Again, consult with a real estate attorney in Ohio (this is a matter of state law). A Florida lawyer can only opine as to Florida law and matters, for instance, of "latent defects" may be addressed differently by Ohio courts than by Fl courts.

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Answered on 1/05/01, 7:58 am


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