Post # 1
Hi there, I wish I could write with the happy news of our new cute home, but it isn’t such a happy moment right now. We moved into our home April 28th and this past Saturday we started getting a wet basement, and by Sunday we had a flooding problem. Water continues to come in the cracks in our basement floor and the bottom of the walls. I am overwhlemed, and super thankful that we have handy men for fathers that are getting a pump in and sucking it out and gutting our basement before mold happens. Well, we took out our first wall and it is apparent there has been water before due to the discolored bricks.
My question for you bees. Do we have a lawsuit and a case to go with it? The sellers stated there has never been water issues, well we can tell that is a complete lie. BUT our inspector never had a concern of water; we did get a HUGE rain fall, but considering what we are finding and how much water we are getting, it is hard for everyone who sees it to believe this has not happened before.
If anyone who has any advice it would be greatly appreciated, we are lost and super sadden that our new home is a complete mess.
Post # 3
I would think that you would have a case if you can somehow prove there was flooding before you moved in. The previous owners signed legal disclosure statements stating there was no flooding that they knew of.
I would also question the inspector. I’m not sure how he missed that, especially since it seems as if the basement has flooded before. Even if walls were up, they can usually tell if the walls have seen moisture.
I’m sorry that you’re dealing with this. Good luck!
Post # 4
Did you use a realtor to buy the house? I would contact them to see what kind of recourse you have. I would think you have a case, since they disclosed there was no prior problems and there really was, and the inspector couldn’t see it???? Document everything!!! Pictures, don’t throw anything away that has water damage, keep all receipts, call your homeowner’s company to see if there is coverage. If there is, they can always subrogate against the other parties involved
Post # 5
I’ll let you know that someone filled a case like that against FI’s dad and lost. It was a heavy rainfall year when FI’s dad sold their old house to these people and unfortunately they did get some flooding in the basement. FI grew up in this house and has told me point blank that growing up they never had any flooding problems with the basement. However, these people were claming that they found evidence of years of water damage. Their home inspector and the home inspector of FFIL because there were two home inspections done did not find this evidence.
These people tried to sue FFIL and lost. I think it is better to cut your loss and use your money to fix the problems.
I know the laws in Canada are different than the states, but I just don’t like watching people go through that sort of stress.
Good luck in whatever route you choose. And sorry to hear about your basement. Flooding sucks no matter what.
Post # 6
We are talking to a lawyer tomorrow and see what the outcome is. The only area they had carpet (not installed correctly) has the cracks in the floors, along with an area where they put stick on tile. On their disclosure they marked no on the question about the cracks in basement floors. That is an apparent lie, that they covered up. They also made a homemade “drain” where most of the water is coming from that we had to cut out of the cement.
We are going to have to put thousands of dollars into this problem to prevent from happening in the future, I find it very hard to believe this basement as never seen a drop of water before. When we pulled up their carpet there were spots of mold. I am sorry, but we haven’t even been there 30 days, this is just not right…
Post # 7
Yeah, i woudl agree that most times, you should just cut your losses, but I really think you have a case here. I wish you luck!
Post # 8
Idk if you have a case but I know my realtor told me that everything that’s been done to the house MUST be disclosed. She said lets say they burried some wiring in the backyard & you hit it while digging & it explodes. If they disclosed it, they would be completely safe & covered, you can’t sue them or anything. However, if they knew about it & that happened, than you could sue & they’d pay for all damages, etc. I never knew that. Thanks to that advice, I’m making a list of every single thing that we do to our house.
It could be possible that the owners you bought the house from bought the house like that, with that drain thing. Do you know how long they owned it for?
I would talk to your realtor about it. Take A TON of photos. You said you dug some drain out. I would take photos of that (hopefully you have some “before removed” photos of it too). Don’t change anything without photo documentation.
Post # 9
Exact same thing happened to me when I bought my first house! I thought I was so lucky I was buying a house with brand new carpet and drywall in the basement. 4 weeks after closing during our first big rain, I had a river running through my basement. $3,000 later, I had to pull up the new carpet and chop up all of the concrete around the walls of my basement and have drains installed under the walls.
I tried to go back to the sellers but they had “never had a problem and had no knowledge of water in the basement”. It’s bullcrap, but I couldn’t prove anything.
That’s why it’s important to have a LARGE emergency fund when you move into a new house!!