Legal Question in Real Estate Law in Virginia
my best frind just purchased his 1st home in FLOYD VA.24091 this year "AS IS".His family had it inspected before purchase.Goverment Loan an supplimented.The basement floods LIKE CRAZY when it rains.This information was not given before THE CLOSING.Can the SELLER be sued for the cost to fix this terrible problem that she HAD TO KNOW ABOUT?Can she be made to give back money for her DISHONESTY at a sale of her flooding basement?HELP! HELP! HELP! E-MAIL [email protected] home phone 540 345-2478 7-10pm m-f wknd-anytime work 8am-5pm m-f 540 776-2933 THANK YOU HAROLD KALUSTIAN
2 Answers from Attorneys
Very unlikely unless the seller failed to respond honestly to the buyer's
questions specifically in regard to the condition of this basement and
its potential for flooding BEFORE the buyer closed on the property. Under Virginia law (unlike some other jurisdictions), the seller is under no obligation to disclose material defects to a prospective buyer of a property merely because s/he knows about them unless this potential buyer asks questions concerning the condition(s) of the property specifically having to do with or related to these particular defects.
Then the seller must answer truthfully and disclose all that he or she
knows about the problem(s) or she could be liable to the buyer for her damages
incurred based upon possible fraud and/or misrepresentation.
It should be noted, however, that the individual who performed the prepurchase inspection of this property may have some liability in this matter if the inspection was not carried out in a manner that should have reasonably revealed the problem with this basement flooding in Floyd.
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