Expert, localized Los Angeles answers provided by Heather Roy

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Inspecting the Well

  We purchased a home and part of the purchase agreement was that there would be a septic/well inspection done prior to the closing and pd by the seller. For some reason we did not make sure that was done prior to closing and in fact never got done. We are having MAJOR problems with the septic and now need to replace it. Do we have any leg to stand on in getting the seller to pay for it?
 
  Did you get a new mortgage?  Most lenders insist that the inspection take place before closing; I'd be surprised if they let it go by.
As for where you stand now, I don't know.  Remember, I'm not a lawyer.  I believe sometimes your right to complain is "merged" I think the word is, into the closing and you've lost it.  But maybe not.  Small claims court (for a few thousand dollar award) is inexpensive, you can represent yourselves, take in the documents including an estimate of the cost, and see what a judge has to say.  You'd have a really good case if you could prove the sellers knew there was a problem and failed to disclose it.  But it might work anyhow.
Let me know what happens; I'm interested.
    Edith
Originally published on October 10, 2007
 
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