House purchase gone bad....?

Question

In December I purchased my 1st home. 1 wk after moving in one day while washing clothes I heard a weird bubbly noise, upon investigation I found in the bathroom the tub backing up! Yeh gross, since Septic system, poop everywhere. Back when I was in negotiations, 1st seller stated no known problems w/ septic or plumbing, at inspection found problem. Said tub wasn't draining right when full & the toilet leaked during the tub draining. I immediately requested seller fix, they in turn had septic company come out & do work. Afterwords I went out, shown were everything dug up & receipt of pay.Said it was clogged they unclogged it & replaced field line. I saw no apparent problem.I just called same company that came out to see if they would help me. Guy tells me I told seller they needed to replace all field line, new grout & pump, they said no, just patch it we can't afford to pay. I call my real estate agent, she won't call me back. Is there anything I can do?How can they get away w/ this?

Answer 1

I don't know which state you live in,but in most states the law is very clear.All preexisting conditions known by the seller,buyer and agent must be addressed.Get a statement in writing from the septic guy.If the seller in fact knew of the impending problem,as he obviously did,he has a legal obligation to have it repaired properly.If the facts are as you state the seller may be guilty of fraud.If the agent does not jump on this he/she may end up having their license revoked/suspended.Finally,get everything in writing,keep records of every phone call or contact.This could get sticky.

Answer 2

After your inspection, when the septic person came out there should have been a written report. You should have been provided a copy of that report. The septic should have been re-inspected after the repairs were done. It sounds like none of this was done. You need to find out what information was given to the seller and document that. Follow that information as far as the trail goes. Was it given to the seller's agent, did the seller's agent provide it to your agent? When closing you are provided a stack of documents to sign. Read through all of them again to make sure it was not disclosed somewhere in there. Once the seller knows of a defect, they have a duty to not conceal it. Arguably, that is what was done in this case. Forget talking to your agent, it is beyond that. Call her broker since he or she is the one who may be ultimately liable. Explain the situation completely. Get an estimate for the proper repair. Tell the broker that you do not care who pays but you want it fixed. If that does not work, then contact an attorney in your area.

Good luck.

Answer 3

The real estate agent for the previous owner is responsible for all costs to birng your house to code for plumbing and septic that works and will function for longevity.

If the house is a building that was built to code, then such damage is nearly always that which can be repaired. If not, and you got deceived by a scam, then it is not licensed real estate, and the so-called agent is liable.

Good luck.

Edit addition: if you are planning to pursue legal avenues, be aware that it is a court. One is bound to accurate time documentation. For example, you claim one week, but if it is not, and you maintain the claim in court, that is perjury. I, however, from a modicum of exposure to building and construction code, am of opinion, that even if you were using plumbing and septic without regard to correct use of toilets (i.e., flushing paper-mache monkey wrenches), that from December 2006 to May 2007 is not even near long enough for you to have caused the type of damage you describe.

Answer 4

Generally speaking, after you buy a house you are responsible for the problems. Did you have a home inspection done before the purchase? Was there a warranty of any kind discussed? I purchased a warranty on my home, but the sellers do not generally have any kind of warranty.

Answer 5

you have your witness for a court case, keep tabs on him.......