QUESTION

After purchasing our home 3 years ago, we discovered major flood issues that the seller did not disclose to us. Can we sue them and are they liable?

Asked on Sep 18th, 2011 on Real Estate - New York
More details to this question:
Year 1 - we discovered there are sewer issues with the area (the city needs to flush the sewer system monthly to avoid filling homes with Methane gas. Year 2 (2010), there we was a Noreaster that cause our backyard and basement to flood. We had 3000+ gallons of water in the yard. Year 3 (2011), we were flooded with Hurricane Irene and Storm Lee (same 3000+ gallons of water). We also get flood issues with every heavy rain fall. We''ve purchased sump pumps to mitigate the issue as much as possible. Sadly, everyone on the block was aware of the issue except us. We also found an abandoned pipe in the backyard, which the prior owners were aware of. It leaks water and contributes to flooding issues. Prior to our purchase, apparently, the prior owner had an industrial size sump pump in the yard to deal with issues (he was a retired fire chief). Are they liable for not disclosing such an issue? Fire department has records of helping prior owners with flood issues(e.g. basement & back
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1 ANSWER

Eminent Domain Attorney serving New York, NY at Sanchez & Polovetsky, PLLC
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  The law in NY is "buyer beware."  Whether or not you can recover damages depends on whether you performed a home inspection and, if you did, whether the former owner intentionally concealed any defects. If neither of the foregoing occurred, then you are probably out of luck. In addition, it sounds like your home is situated in a high flood area. If you are indeed in a designated high flood area, then your title policy and/or mortgage commitment probably required you to purchase flood insurance, which may be your only avenue for recovery (i.e., by filing a claim).  Jennifer Polovetsky, Esq. Law Offices of Jennifer Polovetsky, Esq., PLLC , Lake Success, NY.                                                       (Practice areas include Residential and Commercial Real Estate in the Metro NY area)  
Answered on Nov 06th, 2011 at 4:48 PM

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