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Sewer Line Backed Up |
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Mrs. Lank: My son and his wife recently purchased a home. Shortly after moving in they discovered that the sewer line was blocked between the house and the city main forcing them to move out of the house. Two different plumbing firms attempted unsuccessfully to clear the line and said the line would have to be dug up and replaced. The seller did not disclose any problems with the sewer line. In fact, the seller did not complete a disclosure form. When the carpet was pulled back near the basement drain, it is evident from water stains, mold and wood rot on the wall molding that this sewer line has backed up several times before. Is the seller and/or the seller's real estate agent legally liable for the cost of replacing the sewer line since the condition was not disclosed? Had he been made aware of this defective condition, my son would have reached an adjustment with the seller as part of the negotiation or he would not have purchased the house. |
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The general rule is that the sellers must disclose any serious problem they know about, if it’s something your kids could not have seen it for themselves in a normal prudent inspection. Whether a written disclosure for is mandatory in their state I don’t know, but if it is, the fact that they didn’t receive one would be important. Small claims court is an excellent resource in such a situation. Your son and his wife can represent themselves at little cost, ask the seller to pay for the damages, and see what a judge thinks. They need to prove that the situation exists (plumbers’ written reports and estimates) and that the seller must have known about it (pictures of the condition under that carpet.) It’s a good idea to have one session with a lawyer just for advice on presenting a case in small claims, or guidance on what to do if the damages are greater than the small claims limit. I don’t think the seller’s agent could be held responsible for knowing about a hidden problem like that. |
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Edith
Originally published on December 12, 2005 |
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