Would this be considered fraudulent? Looking for reasons not to hire an attorney.?

Question

If you found out that:

2 years and 7 months prior to the purchase of your 100+ year old home, the previous owners had video taped the entire sewer system and subsequently removed a section of sewer pipe underneath their sidewalk. You then found that the sewer cleanout in the basement had extensive wear from repeatedly being snaked. Finally, you remember all of their belongings being placed on crates in the basement when you viewed the home...

After having repeated sewer backup problems yourself and finding that a much bigger and more expensive problem exists than just replacing a section of sewer pipe (ie the pipes in the back yard are collapsing). Would you believe the previous owners when they said that they totaly forgot about ever having had a problem when filling out and signing the property disclosure form? And that after their repair they never had another problem? And after viewing the video tape of their sewer line they said"it was a funny tape, so they threw it away."

In the state of Ohio, we have property disclosure forms that are part of a property sale contract. The dislosure specifically addresses the occrence of repairs to correct problems with drainage and water accumulating in the basement (which is what happens via the basement drain). The previous owners left these portions blank. That statute in Ohio is 15 years to sue becuase of breach of written contract.

Answer 1

There is this concept called "caveat emptor" which means "buyer beware". It essentially means that courts are going to place buyers with the responsibility to ask questions about things that look out of place when buying a home. Since you saw their belonging on top of crates and didn't ask "why", this may be used against you but I doubt it. (Was there anything else that was obvious something was wrong iwth the house?--if so, you are gonna have a hard case).
But besides this concept, I am going to say "yes" you have a case for fraud. Please remember that there is a statute of limitations (meaning the end time when you can sue) for fraud, depending on your state statute which is typically 2 years from the date of the incident which I suppose in your case would be when you viewed the home.
What would even strengthen your case is if you directly asked them, with a witness of course, "Are there any problems? Is there any damage?etc.---something along those lines" because then you can point to the previous owners as directly committing fraud on you. However, if the owners simply did not say anything about the sewer system and you didn't ask any questions like this that required and received an affirmative answer, you might be in for a harder fight.
Conclusion- Gather your facts more specifically and consult your state statute for the time limit on the staute of limitations.

Answer 2

The best reason not to get an attorney is because you have nothing but time on your hands, and enjoy long drawn out fights with people in a forum that requires specialized professional knowledge.

If you want to pursue your claim, and don't get an attorney, then you are automatically putting yourself at a huge disadvantage. The legal system is complex and the rules are hard to learn. That's why attorneys have to spend years in law school before they can attempt to get a license.

So, while you seem to have made a good argument that something might be wrong, it's still a matter of how to pursue that legally. And trying to resolve a complex legal case without proper legal advice is like trying to perform surgery on a family member in the kitchen. Sure, you can try it, but I doubt you'll be happy with the results.

Answer 3

by reading your question it is obvious that the previous owners knew full well the status of the sewer system and intentionally and purposefully decieved and mislead you with malicious intent. therefore by law they should either pay for repairs or reimburse you for the monies invested in the house and just compensation for your inconveniences. yes I feel you should get an attorney to help you file a lawsuit against the previous owners for fraud and other legal matters concerning the purchase of this home.

Answer 4

It may or may not be a civil case, most likely you could sue in small claims court without an attorney for an portion of the repair.

Answer 5

Sue their azzez!!!!!!!!!!

Sue them! They sold you their headache. They were supposed to disclose that in the agreement.

Breach of contract!! Sue them and anyone who inspected the house to. Sue them all.

OMG!! Homeowning is SUCH a headache..


You have every reason to hire an attorney. Don't be nice about this. Your home, your headache,your sanity!!! HIRE AN ATTORNEY!!!