Home sellers didn't disclose flood issue
ASK THE INSPECTOR
Question: Rain runoff from the street drained into our garage and the downstairs floor of the house. Our home inspector made no mention of past flooding when we bought our home, but the neighbors tell us that flooding has occurred during every rainy season for the last several years. Are the home inspector and the sellers liable for nondisclosure?
Answer: If flooding of the house and garage occurred during the time that the sellers owned the property, as stated by the neighbors, they were obligated to disclose that problem and are liable for their failure to do so. The inspector, however, is liable only if there was visible evidence that he failed to notice at the time of the inspection. In most cases, such evidence exists, but there are exceptions, including situations in which sellers may have cosmetically masked the evidence. ou should ask the home inspector to take a second look at the property. The seller should be notified of your concerns by certified mail.
-- Barry Stone, Access Media Group
