My House Seller Lied About the House, Can I Sue for Fraudulent Misrepresentation?

What is Fraudulent Misrepresentation?

Fraudulent misrepresentation happens when someone lies about an important fact, and another person believes this lie and gets hurt because of it. This can happen when buying or selling a house. If a seller lies about something important about the house, and the buyer believes them and gets hurt, the buyer can ask for money back or to cancel the deal.

How to Prove Fraudulent Misrepresentation

To prove someone lied about a house they sold you, you need to show:

1. The seller made a clear statement that seemed to be true.

2. The seller should have known the statement was false.

3. The false statement affected the value or use of the house.

4. You believed the false statement and had a good reason to do so.

5. You were hurt or lost money because of this lie.

Caveat Emptor

This means "buyer beware" and is the default rule in Ohio property purchases. The buyer should inspect the house before buying. If the problem is something the buyer could have found, they can't succeed on any claim against the seller.

Seller's Silence

If a seller doesn't talk about a problem, it’s not considered lying unless they are supposed to mention it. A seller should mention defects in the residential real property disclosure form if they have or should have actual knowledge of the defect.

Agent's Lies

If a real estate agent lies while helping sell a house, the seller might not be responsible unless they knew about the lie. This would be a separate cause of action against the agent.

When buying a house, you need to check it carefully. If a seller lies about something important, you can take action. But, you need to prove they lied and that you were right to believe them. Always inspect the property and ask questions to avoid problems later.