Can I sue the previous home owners for not disclosing information regarding sewer back up in my basemaent?

Question: Can a buyer sue the previous home owners for not disclosing information about a home defect? Answer: Illinois law requires sellers of residential real estate to disclose to prospective purchasers any known defects in the home being sold. The seller is not required to find potential problem s. However, in some cases the seller is required to inform you if they know of a problem. In your case, if the seller was aware of flooding in the basement and denied it the seller is at fault. For example, if the seller patched over or hid problem areas, or if the neighbors have told you about the seller's efforts to deal with a problem, the evidence is on your side. A home purchaser may recover damages from a seller and a real estate agent for material defects. In one Illinois case, the court held a real estate agent's silence to massive flooding problems in the home of which the agent had knowledge may be liable to the buyers. You should consult with an attorney to advise you if you have a case. Contact Attorney Cathe Evans Williams of The Evans Williams Law Group at 708-991-7110 if you have any additional questions.