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Seller didn't disclose rainwater drainage issues or basement flooding, and in fact denied it on property disclosure forms

Wickliffe, OH |

This was also never disclosed when the inspector asked the owners about issues. He noticed discoloration and asked, but they denied any recent issues. There have been 4 occasions on which the family room and basement flooded during a short rainstorm, damaging the carpet and padding. Our neighbor to the north said that, to his knowledge, this has been an issue since the pond was put in several years ago. Several plumbers consulted agreed that this kind of drainage issue is not something that would have happened in the 5 months since we purchased the property, and judging by the damage, has been an ongoing issue. According to the neighbor, the drain at the rear of our house drains into his pond, which then overflows into our pond. We want them to pay for damages and repairs. What can we do?

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Attorney answers 2


More information is needed, including a careful review of the disclosure form and the contract. Feel free to contact me for a free initial consultation. You have to be very careful in assessing fault. It sounds like the inspector did his/her job (the inspection agreements tend to have liability caps) but that the seller both concealed information and gave false information. Realtors have obligations as well.

This response does not constitute legal advice and does not create an attorney-client relationship.


Wet basement cases are notoriously difficult to prove, but sometimes they are winnable. Every fact detail is important and you should consult with a trial attorney to obtain a full evaluation of your case.

You can reach Martin D. Koop at (419) 447-2521 or Martin Koop is an attorney licensed to practice in the State of Ohio. Answering your questions does not create an attorney-client relationship between anybody and Martin D. Koop. You should speak with an attorney to whom you have provided all the facts in your case, before you take any actions or make any choices that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have formally hired me. I wish you the best of luck with your legal matter.

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