You saved for years. You toured homes. You fell in love with the neighborhood, the hardwood floors, the shady backyard. You asked questions, read the disclosure forms, and signed the dotted line. But shortly after moving in—rain. And with it, water in the basement.
If this sounds familiar, you’re not alone. In Kansas, post-sale discoveries of flooding or water intrusion are a common source of frustration and legal disputes. Buyers may wonder: Was this just bad luck—or did the seller know and fail to disclose?
Under Kansas law, buyers have options. If you’re facing an undisclosed flooding issue, here’s what you need to know.
Kansas Law Requires Honest Disclosure
Kansas follows a modified “buyer beware” rule. Sellers of residential property are not required to inspect for defects, but they must truthfully answer questions and avoid concealing known problems. In many Kansas transactions, sellers complete a Seller’s Property Disclosure Statement—a document that, while not legally required, is widely used and often treated as a material part of the transaction.
Sellers are generally expected to disclose:
- Any history of flooding, seepage, or water damage
- Past foundation repairs or drainage work
- Known grading or landscaping issues contributing to water intrusion
- Whether insurance claims were made due to water damage
When these disclosures are false or misleading, buyers may have a legal claim. Depending on the circumstances, Kansas law recognizes claims for both fraudulent misrepresentation and fraudulent concealment. Crucially, even if a buyer could have discovered the defect through independent inspection, the seller cannot mislead or withhold known problems.
In short: sellers have a duty to tell the truth. If they don’t, they may be liable. In real estate, that duty often arises when a buyer specifically asks about water problems—or when the seller makes partial statements that are misleading without full disclosure.
What Can You Do?
If you recently bought a home and discovered flooding that wasn’t disclosed, consider the following steps:
- Document everything – Take photos of the damage, keep records of all repairs, and preserve emails or texts from the seller or real estate agents.
- Check the disclosure forms – Review the seller’s answers to questions about water issues, drainage, and repairs.
- Investigate prior complaints or claims – Neighbors, city permit records, or insurance claim history may reveal a pattern.
- Talk to an attorney – Kansas courts take fraud seriously. If the seller made false representations or failed to disclose a known defect, you may have grounds to sue for rescission (cancelling the sale), compensatory damages, or even punitive damages in egregious cases.
Final Thoughts
No one wants to go to court over a flooded basement—but Kansas law gives buyers powerful tools to fight back against deception. If you believe a seller knowingly concealed water issues during your home purchase, you may have a claim.
Written by Benjamin K. Carmichael
This article is for informational purposes only and does not constitute legal advice. Reading this article does not create an attorney-client relationship. Every case is different; please contact an attorney to discuss your specific legal situation. Responsible attorney, Benjamin K. Carmichael, Morris Laing Law Firm, 316-262-2671.