Easier Said Than Done

Continued: We’re now in our attorney’s office to find out what we can do in regards to having the prior owner pay for the undisclosed water problem in our basement.

Our attorney asks us to explain the problem. We begin with the volume of water flooding the basement with every rain, we go over our conversation with the home inspector and finally our conversation with the prior owner. Now that the attorney understands we eagerly await guidance which hopefully will resolve the issue in our favor.

“It’s easier said than done”, were the lawyer’s first words. How so, we ask? He tells us the burden of proof rests with us. We must prove the prior owner knew the basement leaked and he deliberately covered it up. Just how do we do that? We’re told to ask neighbors if they were aware of any water issues in the home? Did any workers come by and clean up the basement? Were any waterproofing companies seen at the house? Did the prior owner tell a neighbor or “anyone else” about the water problem, etc? We’re also told to make certain anyone with information must be willing to testify in court.

We left disappointed as we do not wish to meet our new neighbors by conducting an interrogation and possibly dragging them into court. If there is a moral to this story it’s to do your diligence before signing on the dotted line. Simply ask, point blank, does the basement leak now or has it ever? These few words can save you time, money and heartache.