Expert, localized Los Angeles answers provided by Heather Roy

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Undisclosed Sewer Problem

  Dear Edith: Our son just purchased a home from a family friend and because there was no broker, we did get our own attorney. We also got a house inspection. Two days after the closing, the drain in the basement backed up so we called the seller. He told us he had the sewer line routed two weeks previous and we should call the plumbing company. They came back out and re-routed, charged us $200 and $250 for a look with a camera. We were told the seller had been advised there was a problem (crack) and he (seller) said that's ok, we're selling the home.The plumber put this in writing on our receipt. We have been told a new line will cost at least $6,500 which our son cannot afford.
The seller never mentioned this so there was no notice until too late. The lawyer says there isn't much we can do because since there isn't a total restriction, it's a hard case to fight. Where do we go from here? We thought by having an inspection we were doing the right thing but I guess sewer lines are not included and we never thought in a million years this was something we needed to have looked at.Please help ASAP. It’s making me crazy with worry.
 
 

From what you say, it looks as if the sellers knew about a hidden defect and failed to disclose it.

I think it's worth double-checking with another real estate lawyer before giving up on this. As a last resort, there is always small claims court, where your son can represent himself at little cost and ask for at least a few thousand dollars in damages. Even if he lost, he’d have the satisfaction of hearing a judge’s opinion.

 

    Edith
Originally published on June 6, 2006
 
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