Attorney Steven Bader wins Arbitration in Residential Real Estate Non-Disclosure Case

Attorney Steven Bader prevailed in arbitration of a residential real estate non-disclosure case. Steve represented homeowners that sold their property to the petitioners several years ago. Subsequent to the sale, the petitioners experienced water in the basement, and they claimed the backyard deck was unsafe. The petitioners alleged that Steve's clients knew of these conditions and failed to disclose them when the property was sold to the petitioners.

In defense of the non-disclosure of a wet basement claim, Steve elicited testimony from his clients, their real estate agent, and the son of a now deceased prior owner of the property, all of whom testified to the absence of prior water in the basement. Additionally, the inspection report obtained by the petitioners prior to closing documented a dry basement. Finally, the floor of the basement has experienced water damage since the petitioners bought the home. However, pictures of the home from the time of closing show no water damage to the basement floor, further supporting the conclusion that the water in the basement did not start until after the petitioners bought the home.

Specific to the deck, Steve again obtained testimony from his clients and their agent that the deck needed some maintenance, but otherwise was safe when the home was sold. The petitioners disagreed and claimed the deck was defective at the time of sale, but the evidence submitted by the petitioners showed them using the deck several months after they closed on the home.

Based on this record, the arbitrator found that Steve's clients were not liable for non-disclosure of the alleged wet basement and the alleged unsafe deck.