Legal Question in Civil Rights Law in Illinois

My wife and I purchased a home in 07. The previous owners failed to disclose that there was problems with sewage backing up in the basement. We were never able to get it fixed. The plumber we had contacted stated that He had been at the house numerous time in the past for the same problem. It was so bad that we had to leave the house and eventually file for bankruptcy. can we take legal action? If yes, is there a statue of limitations?


Asked on 4/08/12, 3:02 pm

1 Answer from Attorneys

Maybe. There is a 10 year statute of limitations on contracts, and a 5 year limitation on fraud. A lot may hinge on whether you received a signed "Real Estate Disclosure" form when you went under contract, because that is the form where the seller is supposed to tell you about any material issues with things like the plumbing system. If the seller lied there may be both contract and fraud. If the seller said there was but you failed to investigate it on your own, you may have nothing. If you NEVER got the form you may have some recourse against additional parties (seller's broker, your attorney) because it is a required form for residential sales and the broker or your attorney should have known better. Then again if you bought the house from an estate, or certain other sellers, and/or the sellers hadn't lived in the house for a year before the contract, and you did nothing to investigate the house, you may also be out of luck. See, there are several possibilities here, and how the bankruptcy may impact it creates other issues, especially if you did not list your cause of action as an asset....So I'd say take your contract and closing file, along with your bankruptcy file, to an attorney to review.

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Answered on 4/09/12, 6:43 pm


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