Legal Question in Real Estate Law in Virginia
Real estate purchase
My husband and I purchased a home from our neighbors. There was no real estate agent involved and we did not get a home inspection done because we somewhat knew these people and thought them to be of good charactor. My husband is also in construction and inspected the home and did not see any major problems. They had told us that everything was in working order and that they had the septic tank drained approximately a year prior and had also run a snake throught he lines. After closing on the house and moving in, the septic started backing up into our basement within 2 months. We have had the lines cleared and the septic drained only to have it start backing up in the house again within six months. There is no way these people did not know this was a problem as they had lived here approximately 10 years prior to selling us this house. Do we have any legal recourse? Thank you.
1 Answer from Attorneys
Re: Real estate purchase
There is no requirement in the Commonwealth for sellers of real estate to disclose material defects in the property unless they are specifically asked by the prospective buyer about a particular item and are given false or misleading information
by the seller or seller's agent regarding the item on which the prospective buyer relies and, who consequently, is fraudulently induced by way of such misrepresentation into subsequently purchasing the defective property.
If the foregoing accurately represents
what happened to you with respect to your purchase of this house from your neighbors, you may have a viable cause of action and claim for damages against them for fraud in the inducement or similar tort.
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