A hopefully quick question. State of Idaho if it matters.

We have been in our new to us house almost 10 months. We have an issue with drainage, specifically the driveway has no pitch, backs up to the house and follows the path of least resistance to somewhere under the slab. We found the house in the winter so ice and snow covered everything up. Now we know, the fix is demolition, compaction, repour on a grade, yada, yada, yada.

I have had a conversation with the seller and they confirmed they had problems and knew about said problems but just lived with it, so they knew. Nothing on the disclosure about drainage, water issues etc. Specifically stated no drainage issues.

Finally getting to the main question. During the initial negotiations the final counter from the seller included as-is language. So does the sellers counter of as is trump the disclosures? Or is the as is agreement we agreed to based on the disclosures?

It's about a $20K fix so depending on what I hear we will be following up with legal council.

Thanks.

Florida guy here, but the following is likely applicable in Idaho.

Sellers and agents must disclose material, latent defects. There is a duty not only to disclose, but to exercise reasonable diligence to discover latent defects. Even if the defect is not readily observable, but could have been reasonably discovered by the seller (which happened in your case) liability may attach. "As-Is" should not defeat the claim.

$20K is certainly worth the time to get with a lawyer in your area.

Disclosure and "as is" are really two different things.

In most states (all of them, as far as I'm aware) the seller has a duty to disclose defects.  He can then elect to cure the defect or sell it "as is".

A knowable or known material defect will impact your decision to purchase, regardless of seller's intention to fix.

The question that will arise in your case is whether the issue is a disclosable defect.

KNOWN defects generally require disclosure.

What remedies are available under state law?

In Virginia (and many other states) the only thing you can do is try to go after a seller in civil court.
Unless it is a VERY expensive problem it is NOT worth trying.
You have to meet a 'preponderance of the evidence' that the seller KNEW of the problem.
Not that they 'should have known' but verifiable evidence they KNEW.

Yes to all of the above. Now, did you have the place inspected by your own home inspector before of after signing the purchase agreement?

Thanks for all the input. For the record, they absolutely knew. Seller said so and in the event they deny the conversation existed, at some point they addressed it by having weep hole drilled into each slap of the driveway. They called em french drains they're about 3/4" diameter. She called em french drains but they are far from any kind of drain, but shows they knew they had issues.

As far as home inspections go, it was a total waste of money. Not that he could have known since the driveway was covered in snow. Couldn't see anything so I'll give him a pass. As far as the home insp. he didn't even note some of the things I pointed out to him. Home inspections are for idiots and most home inspectors know about as much as those that swear at their altar.

Next step is finding a RE attorney. Thanks again.

Agreed.

In Texas backed up water that is absorbed under the slab would be a benefit you would pay extra for.