New owners seek legal help over problem home

Q. My wife and I purchased our first home about two months ago. Since the day we took possession, we have had nothing but problems. It seems like almost every day brings a new adventure.

The first rainstorm after we moved in resulted in water in our basement. Also, the sump pump didn't work. We have also discovered windows that don't work, and the oven thermostat apparently is way off as my wife burned the first meal she cooked. There is a leak in a pipe somewhere that is showing up on our basement ceiling and the water heater is going out all the time, requiring relighting. Unfortunately, we usually discover this during the first shower of the day.

Our attorney wrote a letter to the seller's attorney but the seller's refuse to respond. Their attorney says there is nothing he can do. Our attorney tells us he doesn't do trial work and that we would need to find someone to handle this.

It looks like it's going to take somewhere near $5,000 to correct everything. One attorney we talked to said for that amount, we were better off just fixing the problems and moving on.

What are your thoughts? Of course we are not happy about spending $5,000 to fix problems that were apparently hidden from us. It's obvious to us that most, if not all, of these problems existed when we bought the home.

A. My first thought is: Was there a professional inspection? If not, that was obviously a mistake. If so, I would contact the inspector and discuss why at least some of these issues were not discovered and disclosed to you.

As to obtaining relief from the seller, most form contracts provide that in the event one party is required to file a lawsuit to enforce the terms of the contract, the prevailing party can recover attorney's fees and costs from the non-prevailing party. This is a serious weapon in your arsenal because if a lawsuit is filed, the seller is exposed to not only your damages, but your attorney's fees. Once pointed out to the seller, this can often lead to the seller making a least some sort of offer to resolve the dispute.

Of course, if you file and lose, you could be liable for the seller's fees and costs.

Many - if not most - attorneys would offer the same opinion as the attorney you contacted did. These types of lawsuits are somewhat difficult to prove, may require expert testimony and can drag out. Most attorneys are not going to take that on hoping to collect a couple thousand dollars in attorney's fees.

Back on the positive side, numerous causes of action are available to you. You could file an action against the seller for breach of contract, fraudulent misrepresentation, fraudulent concealment, negligent misrepresentation, a violation of the Illinois Residential Real Property Disclosure Act and/or a violation of the Consumer Fraud and Deceptive Practices Act.

This is a small claim so with a little homework, you could probably handle this yourself. Go to a local law library and research what elements are required to establish any of the above causes of action. Better yet, avail yourself of the free legal assistance offered by most counties. Contact your local circuit court clerk and inquire about free legal assistance. In Cook County, an attorney is available in the courthouse on Friday afternoons (I believe) to assist pro se litigants.

I believe with a little persistence, you can probably get the seller to at least share in your loss.

• Send your questions to attorney Tom Resnick, 345 N. Quentin Road, Palatine, IL 60067, by email to tdr100@hotmail.com or call (847) 359-8983.