QUESTION
Is there any action that I can take against the former owners or the real estate agent from whom I bought the home?
Asked on Feb 12th, 2014 on Litigation - Washington
More details to this question:
I purchased a home in 10/2011. The well disclosure document stated that my well was 15'-18' deep. I now have no water now due to bad pipes. When I called a well drilling company they told me that they could not legally work on the well because it is only 9 1/2 ' deep which is not a legal depth for a well. Legal depth is 15' here. Is there any action that I can take against the former owners or the real estate agent from whom I bought the home? I am widowed and this is going to be a huge expense for me that I do not have the means to pay. Any advice you can offer I would appreciate. Thank you.
9 ANSWERS
4 Awards
You need to contact an attorney in person. It sounds like there may have been a fraud.
Answered on Feb 20th, 2014 at 5:48 PM
Employment Law Attorney serving Beverly Hills, CA
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Dordick Law Corporation
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You can sue on variety of theories breach of contract; failure to disclose; fraud.... You should try to find an attorney that will handle the case on contingency.
Answered on Feb 20th, 2014 at 5:01 PM
James Eugene Hasser
It depends on the wording of the disclosure and who it is being made by. Consider consulting a lawyer familiar with real estate transactions and fraud. Good luck.
Answered on Feb 20th, 2014 at 5:00 PM
Automobile Negligence Attorney serving Orlando, FL
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Kelaher Law Offices, P.A.
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I'm sorry, but I am unable to advise you in this regard. This is a personal injury website, and you are asking questions involving real property.
Answered on Feb 20th, 2014 at 4:47 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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You have a suit for fraud or mutual mistake. The question will be damages.
Answered on Feb 20th, 2014 at 4:42 PM
You should be able to sue them for the cost of making the well the correct depth, but perhaps not for the bad pipes. You have four years to sue for a breach of contract and you did not know of the breach until now. You need to send them a demand letter and obtain an attorney.
Answered on Feb 19th, 2014 at 10:23 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Talk with a local real estate attorney. It may be a breach of disclosures which would give you more time than perhaps fraud. Regardless, the attorney will have to look at the purchase documents.
Answered on Feb 19th, 2014 at 10:22 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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It the representation was made in writing, then you would seem to have a cause of action for negligent misrepresentation and/or for fraudulent misrepresentation. To be on the safe side in terms of filing suit assume that a 3-year statute of limitations apply, i.e. file suit before October 2014.
Answered on Feb 19th, 2014 at 9:14 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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You may very well have an action against the prior owner, but I would first have to review the purchase and sale documents, including Seller's disclosure statement. My advice is to have these document reviewed by legal counsel.
Answered on Feb 19th, 2014 at 9:11 PM