[sisofkick]

Hello!
I recently bought a home (and had a home inspection before I bought the place). Seller checked all no's in boxes relating to prior knowledge of flooding. Well, after living at the house for 3 weeks, the basement started to seep water. I called the home insurance company and he advised me that water damage was due to "surface water": coming from the outside into the basement. Therefore, the policy will not cover any damage or repairs. I've asked for a rescission of real estate contract and my large down-payment refunded to me. I've contacted a lawyer to help me sue if seller won't refund my money and rescind the contract. Anybody out there have an opinion about this or has been through this situation before?

[Sam I Am]

I am assuming the insurance company sent an inspector out as well? I think I'd be going back on the original home inspector who cleared your house as well...if it's ever done this before there should be evidence of same. If there wasn't, you may be in a pickle since the previous owner answered honestly...if there was and your home inspector missed it, he's in a pickle as well. I'd call the state Insurance Commissioner and ask, and I'd find out who had the insurance prior to you and if they ever had a claim, particularly by the previous owner.

I find it strange that Arkansas has not had the typically wet winter we usually experience and this is happening, which would indicate a major problem if we had heavy rains and yet nothing has ever happened before? Unless, of course, you are in an area that is being developed. We had a home that was 100 years old that never had problems in the crawl space until a builder developed SE of us and changed the land grade...suddenly we had a lake under the house that required a sump pump and some major excavation. Although we were assured by the city that the development wasn't the cause, I'll never believe it. The timing was just too close for me to believe this was just a random occurrence. You might look into that...and I can tell you from experience if the developer got all the required permits you're just stuck.

[sisofkick]

Hello! Thank you for your response. I am a single woman in love with the state of Arkansas who was deceived by a charlatan. There is abundant evidence that this was a prior problem that was covered up: neighbors know of past owner's prior knowledge of mold issue, renters moved out complaining of mold making them sick, people I've talked to living nearby referring to my home as the "sick house". There is recent wall work to cover silicone patch along outside the leaking wall....also some kind of sealer inside along various walls. Sounds like you live in another home now that doesn't have the water under crawl space anymore. Sorry to hear you had a problem with your past home. Hope you are living in a drier environment!

[Sam I Am]

Would some of the neighbors that are aware of the problems with this home be aware of who did the work on it? Do any of the other homes in the neighborhood have the same seepage problems?

Naturally the insurance company doesn't want to pay off on it...but oh dear, having to move again???

Be sure and contact your realtor if you used one - s/he may wish to use another home inspector in the future...I am terribly sorry you are having to deal with all of this.

[sisofkick]

Thank you for your input. I will ask around to see if others have same seepage problems. I've spoken to neighbors to my left and they are fine. I'm going to contact AR insurance comissioner tomorrow to see if there were any prior claims. Once again, thank you.

[Coolector]

It might be a good idea to ask around the neighborhood to find out who may have done the patch-up/cover-up work...this may lead to certain prior knowledge of the seller - who if indeed checked "No" to all disclosure questions concerning water intrusion into the house, likely committed fraud under Arkasas State Law and is fully exposed to all repercussions of the laws, including but not limited to civil code violations...this could easily end in a criminal court conviction for seller after any good civil codes judge gets a whiff of the evidentiary details...Good luck with this! -You wont really need much...cut & dried case.