Our house is connected to a faulty septic tank. At purchase the disclosure stated it was on public sewer. $10,000 dollars later we found that was

Matt
Home Buyer
Alpharetta, GA

false. Do we have any legal recourse?

Answers (5)
Hank Miller - B...
Broker
Atlanta, GA

Seems like you have legal recourse if things are as described, but....

How did your buyer's agent, you, the inspector and the appraiser all miss this? All of you would have had reason to verify this prior to closing. I think I'd be looking at tagging these folks as well!

This is very odd....

Hank

Tue Nov 10 2009, 04:41
Mack Perry
Agent
Atlanta, GA

The sellers property disclosure statement is a legal binding document. If the seller misrepresented the septic/sewer then the seller is responsible. Have you had conversation with the seller? If the seller is not amicable in reimbursing you for your expense along with rectifying the problem then you should consult an attorney. This does not however need to drag out over an extended period of time. Good Luck!

Tue Nov 10 2009, 03:55
Michael Hammond
Agent
30078

I am very interested in knowing what your Realtor and the listing agent say, Matt. Although not a lawyer, my answer would be probably. After consulting an attorney, but before hiring one, were you my client, I would likely advise approaching the seller to save trying to settle it with two hired guns. Please keep us updated.

Tue Nov 10 2009, 03:31
Sam DeBord - Se...
Broker
Seattle, WA

While most of us wouldn't answer your specific legal question, here's a general answer to a generic situation:

A seller who deliberately misrepresents his/her property in disclosures is on the hook for those claims. No question.

Web Reference: http://SeattleHome.com
Mon Nov 9 2009, 20:01
Deryk Harper
Broker
Alpharetta, GA
FIRST ANSWER

Hi Matt,
i would think that you do. Email or call me tomorrow and I can refer you to a local attorney that can let you know your options
Deryk
770-722-6922
info@keylocationsforyou.com

Mon Nov 9 2009, 19:46

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