Property bought without knowledge of water problems

KleineVampir

New Member
Jurisdiction
Nebraska
So, my current residence is a house we bought from a renter at a decent price, but with issues as former rental houses tend to have. Some of the problems are understandable, but there's one thing I feel I was wronged by: The water problem in the basement. Before I bought it, I asked how the foundation was and if it leaked any water. I even asked him while I was buying it, after it rained, if it leaked, and: In his words, "It's dry as a bone!" In other words I was lead to believe the basement didn't have water problems.

But, come to find out it does leak considerably. And there's no way he didn't know there was a problem at some point because there was a sump pump installed in the corner...this is supposed to be a finished basement but everything was done so superficially that the house barely works! This is our first summer and there is basically a fan running 24/7 to keep the carpet dry. It takes so long to dry that by the time it does, it rains again. So the problem is pretty extensive. And that's not really what we signed up for. We knew the house wasn't perfect but we thought that it had a good foundation without any water leaks.

So the first question is, could we make a case against this guy? The second question of course is, is it worth it to try and sue him? I think it probably is, because he's a landlord with multiple properties. He probably has a considerable amount of cash, and if not it's probably tied up in assets.
 
I even asked him while I was buying it, after it rained, if it leaked, and: In his words, "It's dry as a bone!" In other words I was lead to believe the basement didn't have water problems.

You FAILED to conduct a detailed, thorough due diligence.

You trusted without VERIFYING.


And that's not really what we signed up for. We knew the house wasn't perfect but we thought that it had a good foundation without any water leaks.

Thinking isn't knowing.

Never trust ANYONE selling you ANYTHING, always conduct your due diligence.

If you have one sliver of a doubt, don't walk away, DO RUNAWAY!

So the first question is, could we make a case against this guy?

Sorry, no.

The second question of course is, is it worth it to try and sue him?

No.


I think it probably is, because he's a landlord with multiple properties. He probably has a considerable amount of cash, and if not it's probably tied up in assets.

You are free to do whatever you think is best for you and yours.

People that have amassed wealth aren't easily plucked.
 
So the first question is, could we make a case against this guy?

Possibly. I don't have the time to read it all so you are going to have to study the Nebraska seller disclosure statute:

2017 Nebraska Revised Statutes :: Chapter 76 - REAL PROPERTY :: 76-2,120 Written disclosure statement required, when; contents; delivery; liability; noncompliance; effect; State Real Estate Commission; rules and regulations.

Did you get a Seller Disclosure statement?

http://www.nrec.ne.gov/pdf/forms/spcd712.pdf

If he outright lied on the statement and you can prove it, it may be worth suing him.

Consult an attorney.
 
So the first question is, could we make a case against this guy?

I take a bit different view of that than army judge does. Rather than flat out saying you have no claim, my answer is that you might have a good claim against the seller.

Nebraska Revised Statutes (NRS) section 76-2120 is the state's law that requires certain disclosures by sellers of residential real estate. That law requires disclosure of, among other things, "any defects that materially affect the value of the real property or improvements." The basement flooding problem would certainly fall in that category. The seller had to provide to you a mandatory real estate disclosure form issued by the Nebraska Real Estate Commission. That form expressly asks for disclosure of this very problem if the seller knows of it. The Nebraska statute gives you a right to sue for damages when the seller does not comply with the disclosure law. So if the seller failed to give the disclosures or lied in the disclosures, you'd have a good claim to sue for damages. You must sue within one year of taking possession of the property to make use of this statute.

So did the seller give you that disclosure form? If so, how the did the seller answer the question "Has there been water intrusion in the basement or crawl space?" If the seller answered no or left it blank you may have a good claim here. If the water intrusion is as obvious as you say, it would ordinarily be easy to prove the seller lied when the seller is the one who lived in the home because there would be no way the seller didn't know about it. But when the seller is a landlord who didn't live in the place that provides the seller the opportunity to claim that he/she had no idea of the problem because he/she wasn't ever in there when it rained. So to make the case here you may need to contact the last tenant to find out if the tenant ever told the landlord about it. If the tenant did tell the landlord and you can get the tenant to testify to that, that may be all you need.


The second question of course is, is it worth it to try and sue him?

That depends on what assets and income he has that you may attach to collect. I have no idea what he's got, so I can't help you on that one.
 
Actually as much as I hate it, army judge might be right. We made a huge mistake, huger on my dad's part because he should know better. This is my first house. We should have done the inspection. It seems so incredibly obvious now but like I said I just didn't know better. I've lived in a good house most of my life, not used to anything like this. At the time we just didn't want to shell out the 600 or whatever it was because we already felt like we were spending a fortune on the house itself, but..it woulda been worth it. Hindsight is 20/20 though, huh?

Still, I thought maybe I could make a case on verbal grounds. But as you're saying maybe the real pay dirt, so to speak, is in the paperwork. I guess I'll have to scrounge up all the paperwork I can on the house and keep my eye out for that disclosure form.
 
Actually as much as I hate it, army judge might be right.

Facts are facts, mate.

If you were cheated, bamboozled, misled, deceived, or otherwise "conned"; I'm innocent.

Never trust anyone to protect you, your loved ones, your assets; no one tht is but YOU!

Always get important things reduced to writing and/or video.

People LIE with great abandon, so never believe that scammer will rat himself out, under oath, in court of law.

I'd LOVE to tell you that you've stumbled upon the mother lode of lawsuits, and your ship is coming into port.

In the future, when you're deliberating a "major" purchase, give yourself 24 hours (or more) before you sign anything.

Whenever you buy a home, ALWAYS hire yourself a real estate lawyer, don't rely on the seller or the real estate salesperson to protect you.

The seller or her/his salesperson wants two things, and two things only, some sucker's signature on the dotted line and her cash.

I regret this happened to you, mate.

I know you'll be smarter going forward.

Never trust anyone selling you anything to tell you the truth about the thing.

Always investigate and make your own informed decision.

At the time we just didn't want to shell out the 600 or whatever it was because we already felt like we were spending a fortune on the house itself, but..it woulda been worth it. Hindsight is 20/20 though, huh?


Good for you, mate, good for you.


Once burned, twice learned!

Because a fellow has failed once or twice or a dozen times, you don't want to set him down as a failure till he's dead or loses his courage.

Once burned, twice shy
I've learned, I've cried
And I'm never gonna hurt that way again
Once burned, twice shy
My heart, I'll hide
If it's ever gonna have a chance to mend

Here he comes again, he wants to talk to me
And as he walks to me, I feel so empty inside
Oh what can I say to him?
He's the one who hurts me so
Tell him that he'll have to go
I've got no more tears to cry

Once burned, twice shy
I've learned, I've cried
And I'm never gonna hurt that way again
Once burned, twice shy
My heart, I'll hide
If it's ever gonna have a chance to mend


Agnetha Fältskog – Once Burned, Twice Shy Lyrics | Genius Lyrics
 
Well there may be another angle to trying to solve this problem without spending our hard-earned cash! The guys who did the "water-proofing" in our basement, I suppose I'll keep the name of the company secret, only did one wall which is arguably not really water-proofing. It was just doing whatever the customer at the time wanted, which of course was the cheapest possible thing, even if it didn't even work, which is stupid. They did one wall but didn't do the other...so now the water just comes through the other wall. I guess that is probably not a matter of law, just a matter of dealing with that company. Still thought I'd mention it.
 
They did one wall but didn't do the other...so now the water just comes through the other wall. I guess that is probably not a matter of law,


You might have uncovered some prima facie evidience (AS IN = perhaps you have uncovered enough evidence to prove something by pointing out some basic facts, however your proof could be subject to rebuttal).

At this point it couldn't hurt you to speak to at least THREE, local real estate attorneys.

Don't worry about being charged for the initial consultation, because most attorneys offer the initial consultation free of charge.

All you need to do is take all of the documentation you possess and discuss your concerns with the attorneys.

You also have another hidden gem on your side, mate.

Nebraska Revised Statutes (NRS) section 76-2120
Nebraska Legislature offers another promising prospect, insofar as YOU are concerned:


(12) If a conveyance of real property is not made in compliance with this section, the purchaser shall have a cause of action against the seller and may recover the actual damages, court costs, and reasonable attorney's fees. The cause of action created by this section shall be in addition to any other cause of action that the purchaser may have. Any action to recover damages under the cause of action shall be commenced within one year after the purchaser takes possession or the conveyance of the real property, whichever occurs first.
 
Well there may be another angle to trying to solve this problem without spending our hard-earned cash! The guys who did the "water-proofing" in our basement, I suppose I'll keep the name of the company secret, only did one wall which is arguably not really water-proofing. It was just doing whatever the customer at the time wanted, which of course was the cheapest possible thing, even if it didn't even work, which is stupid. They did one wall but didn't do the other...so now the water just comes through the other wall. I guess that is probably not a matter of law, just a matter of dealing with that company. Still thought I'd mention it.

Well, there you go. That's evidence the owner knew of the problem, assuming the owner hired the company and not the tenant. So look for that disclosure form and see what it says. If the disclosure doesn't mention the flooding issue, you may have a good claim under Nebraska's disclosure law that I discussed earlier.
 
Maybe, but wouldn't the first step to just talk with that company to see if they'd come out and finish the job? Might be kind of a long shot but it's so much easier to deal with a company than a lawsuit...right?
 
Maybe, but wouldn't the first step to just talk with that company to see if they'd come out and finish the job? Might be kind of a long shot but it's so much easier to deal with a company than a lawsuit...right?

Sure, you can try that. Be prepared though for the company to tell you it will charge you for the work. I doubt the company will offer to do it for free.
 
Back
Top