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Illinois - Seller Lied about Flooding in Home

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adamjohnson
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Illinois - Seller Lied about Flooding in Home  Reply with quote  

We bought a home three months ago in which the sellers made a disclosure that ONE small section of the basement (an area about 1/8 of the total basement) got about 1 inch of water in "heavy" rains. No big deal we thought. A professional inspector said the basement did appear to be prone to possible flooding, but didn't really see any specific water damage or what not.

Well, in three months here the ENTIRE basement has flooded four times. In basically any rain, we get seepage coming up from the floor. In heavy rain, the seepage from the floor is stronger and water pours in through cracks/holes in the limestone and mortar foundation. (It is an old home built 1900) The flooding has not been terrible, but we get a solid 2-3 inches covering the entire basement after every heavy rain that eventually drains out over the next several days considering the rain lets up. So far no damage since the water heater, furnace, and washer/dryer are all on raised platforms, but it makes a mess, we worry about mold issues, and ultimately structural damage to the foundation.

The thing that irks us most is that the sellers HAD to know about the extent of flooding and they lied about it. They did disclose that one small section of the basement got minor flooding, but in actuality the entire basement floods every rain! Usually I have heard stories about sellers not disclosing flooding at all, but in this case they partially disclosed but tried to make it seem a lot less bad then it actually was. Us being frustrated with the sellers and flooding, is there any legal recourse we can take or are we stuck with fixing the problem ourselves? We bought the house "as is" which might make taking legal action difficult, but we can prove they lied on the disclosure.

Thoughts?

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Last edited by adamjohnson on Sat Jan 14, 2017 4:34 am; edited 1 time in total
Post Thu Jan 12, 2017 8:11 am
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littleroc02us
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To me it would come down to the actual wording in the contract for disclosure. You may need to involve a lawyer if you feel the wording doesn't describe the problem your having.

Risk comes from not knowing what you're doing. (Warren Buffet)
Post Thu Jan 12, 2017 3:34 pm
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