Selling Your Home? Be Sure to Disclose Any Known Issues.

In Markel v. Wright, 2013-Ohio-5274, Brooke Markel, the Plaintiff, sued the former owners of her home after encountering moisture in her basement.  To remedy the wet basement, the Plaintiff spent $16,500 to waterproof the basement. 

Prior to selling the home, the Wrights, the former owners and Defendants, properly disclosed they had previously encountered moisture in the basement, but had remedied the issue through regularly running a dehumidifier and emptying it every 24-36 hours.

In her lawsuit against the former owners, Markel alleged that Wrights failed to disclose the defective basement and fraudulently induced her into purchasing the home.

The court disagreed, finding that the sellers absolved any liability on this issue through properly disclosing the issue on Residential Property Disclosure Form prior to sale. 

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