Legal Question in Real Estate Law in Pennsylvania

Seller didn't disclose water problems in basement

I bought a house in May 2002. I had a whole house inspection because it was an FHA Loan requiring it. The only water related issue was a downspout that needs discharged away from the house. The downspout is on the upper side of the house by the garage that is a slab on grade. I ask the seller if he had water problems because he had a sump pump in the basement. He said it rarely turned on and he didn't know why the builder even installed it. The seller did not disclose any water problems and within a month of me moving in, I had the sump pump running constantly. I estimated approximately 80 gallons per minute are pumped out during rain storms. My neighbor noticed that I was inspecting downspouts and told me that the seller had serious water problems. I had waterproofing contractors do some work in my basement and discovered that the original concrete floor was capped off with another concrete floor. All the utilities were elevated on bricks. The new floor was poured up to and hide the bricks.

I don't know what more solid proof I have. Can I sue this seller for fraud?

Thanks,

B. Smith


Asked on 2/29/04, 10:04 pm

1 Answer from Attorneys
Steven Rothberg Law offices of Steven D. Rothberg

Re: Seller didn't disclose water problems in basement

Most likely, the seller signed a written disclosure form that included issues involving water damage. You should check with your realtor. It sounds like you have the makings of a case. You may want to check with your home inspection, as well, to see what the report said about water and the basement.

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Answered on 3/01/04, 10:35 am


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