QUESTION
The seller and his agent consealed the water contamination information (arsenic)p
Asked on Aug 31st, 2017 on Real Estate - California
More details to this question:
I only found out the water using by the property (a community well) was contaminated by arsenic since 2008 after the closing. If I knew the fact, I would never buy the property. I have requested the seller for reimbursement and the seller refused. I would like to ask what I should do now? Since the seller refused for any reimbursement, can I request a reverse of transaction? Thanks.
1 ANSWER
Hire a lawyer immediately. The statute of limitation on fraud is 1 year from when you discovered the fraud or reasonably ought to have discovered it.
In order for it to be fraud, the seller would have to have known about the arsenic when he solld you the house. If you adn your real estate agent did not discover the arsenic during your own inspections before you bought the house, how are you going to prove that the seller knew?
If the cause of the arsenic is not naturally occurring, then you may be able to sue whoever put it there on the theory that it is a continuing nuisance and trespass.
Please meet with a lawyer about this ASAP.
Dana
Answered on Sep 03rd, 2017 at 4:03 PM