Whos legally responsible for the flooding in my new homes basement?
You probably don’t need to start your attorney’s meter running just yet. Thanks to some pretty clear legal protections, you’ve got leverage for trying to work things out with the seller first. (That’s assuming that you didn’t buy the house “as is.”) In most states, it’s illegal for a seller to fraudulently conceal a major or “material” physical defect in the property. A “material defect” means something more serious than the odd cracked tile or scratched enamel, but is a defect that could affect the property’s value or its residents’ health or safety. A basement that turns into a swimming pool during heavy rains fits pretty much anyone’s definition of a material defect. Many states also require sellers to take a proactive role by making written disclosures on the condition of the property. These are normally made on a standard form listing types of possible physical or structural problems. It sounds like your seller was required to fill out such a form. But the big question here is, di
