Q: I purchased a home in Pittsburgh, PA and when I viewed the home it had a sinkhole along the front yard property line. The realtor explained it was due to a broken storm drain pipe and the break was on the neighbor’s side of the property line. The neighbor refused to fix it, so the seller agreed to have it fixed as it was causing issue with the seller’s property (front yard). Six months later there is now a sinkhole in the back yard. The township said the pipe zigzags between my property line and the neighbor’s property line and they can’t force either one of us to fix it as it is private property. This sinkhole is on my property line, so I now I need to fix it. The seller home disclosure did not state any knowledge of this drain pipe or that I would have to fix it. Do I have a case for a fraudulent seller disclosure? (Jefferson Hills, PA)
A: These cases are fact driven and hard to prove, and more facts need to be known. However, it is worth a legal consultation. To prove fraud, I believe you need to prove by clear and convincing evidence that the seller knew or had reason to know of the problem you are alleging and tried to conceal it from you. It is a hard standard, but more facts are needed to determine if you have a claim.