Has anyone had someone lie on the form 17 when purchasing a home

Question

I recently purchased a home. The seller selected that there has not been any leaks in the foundation in the last five years On form 17

the seller had an irrigation system build into the foundation that would collect rain water to irrigate plants in the basement. Sounds crazy, but it’s a pretty impressive set-up. The foundation doesn’t just leak. An extremely large volume of water comes in. The original irrigation system appears to be plugged, however the foundation is leaking where the plumbing is embedded in the concrete.

Has anyone run into this issue where the seller did not disclose this on form 17? We’re you able to take legal actions against them? I’m concerned that this is causing serious damage to my foundation and I will have to constantly be pumping water during large rain events.

Kevin Sobilo · Answer

@Cole Winebrenner, I don't know what "form 17" is but I assume it is some sort of sellers disclosure.

I would start by talking with your real estate agent and then to a lawyer because this sounds like a potentially significant issue.

In my state, the seller is only stating what they know about the property's condition. So, if the seller knew there was a water issue and lied they could be held liable. However, if the seller simply did not know then they are not. So, the hard part is in finding out if the seller knew about the issue.

Also, unless the seller has expertise in the trades there would be very little expectation for them to know anything. If the seller was a foundation guy by trade then you might be able to assume they would know. Otherwise you will probably have to find evidence they knew.

I would talk to neighbors. A neighbor might know if the seller knew about the issue or if the seller had gotten estimates for work. You might even find out and contact whomever installed this irrigation system.