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my husband and i bought a home around 2 months ago, just made the second morgage payment. a few weeks ago the plumbing failed. plumber said that the pipe fittings were not state legal, and eveything needs to be redone...so we just had it all unstopped up, which was stopped up due to pounds of grease and dog hair from last owners. i rained very hard about a week of us moving in, load and behold the roof leaks in my bedroom. i have texted messaged the past owners and she said that they never had a issue with plumbing other than they fixed what needed to be fixed themselves. before we moved in i asked for the living room window to be fixed, that still hasnt been done. i also told her about the leak in the bedroom that looks like it has been leaking for awhile and now she has me on ignore.
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Business and Transactional Attorney serving Baton Rouge, LA
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Quinn Law, APLC
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First, look at your purchase agreement. If the home was sold "as is where is", you will have a harder time recovering against the seller. However, if you can prove "fraud" on behalf of the seller, the "as is where is" clause can be overcome. Fraud is when the seller knew of a defect and failed to disclose/hid it. This sounds quite likely in your case, but I would need more facts.
Depending on whether your contract is "as is where is" and the nature of the defect, you may have a suit for breach of contract, fraud, and redhibition. Redhbition means you file a lawsuit asking to "return" the house to the seller because the nature of the defects are such that it is not fit for its intended use, and/or you would not have bought it had you know of the defect.
Good luck,
Julie Quinn
Answered on Sep 11th, 2016 at 7:46 AM