Legal Question in Real Estate Law in Illinois

I bought a home without the seller disclosing flooding. However the house has an extensive flooding problem. The seller was a company that did not live in the residence - however - I did find out that the company did have knowledge of the flooding and they purchased the home with the previous flood damage. Is there a way to sue the company for the non-disclosure of the knowledge of flooding? This is for illinois. Thank You.


Asked on 9/09/15, 1:08 pm

1 Answer from Attorneys

This is a difficult situation, especially if the contract allowed you to have a home inspection. If it did, then it would depend on whether the flooding was evident or whether the seller did anything to 'cover it up'. Finally, how do you "know" they knew -- if it is evidenced in writing you may have a fraud claim, but if it is just word of mouth that may be impossible to prove up (the person who 'knew' may be unwilling to testify). Unfortunately Illinois law does not require sellers who have not occupied a residence for a year or more to be responsible for problems if they fill out the disclosure form saying so --- but if they go ahead and fill it out anyway saying they were not aware of the problem, you may have some evidence. Take your contract, closing documents, and the disclosure form to an attorney for a complete review.

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Answered on 10/07/15, 10:03 am


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