First, as an Realtor myself, I apologize for actions of this rogue agent. This is certainly not the norm and I have never heard of this before. This is fraud and actionable. I don't know of any stute of limitations on this. Contact the Realestate commission and a good real estate attorney to find out the next steps to rectify this situation.
Robert McGuire ASR
Your Castle Real Estate
Direct - 303-669-1246
My first response is WOW. I can't believe anyone would do that but I suppose there will always be people out there like that. Like most everyone has said below, I would DEFINITELY consult with an attorney.
The second thing I would do immediately is report the seller's agent to the real estate commission and as well as try to contact a managing broker within the company that this agent works (if possible).
These two steps should hopefully get you somewhere.
Goodness, I am so sorry that this happened to you. I highly suggest all of my buyers to get their own sewer scope and this is a good story to tell them if they are hesitant about it.
REALTOR, CDPE, The Elite Group
Your Castle Real Estate
(720) 988 5952
But first, what makes you sure that the disk does not show your sewer line? Even if the line is clogged now, it may have been unclogged two years ago. Trees grow larger roots and other factors can clog the lines in relatively short periods. Is the line shown on the disk of a different material? Of different length? What factors make you sure the the DVD is of another line?
If the wrong disk was delivered, you will probably need to figure out who did it and why. It could be the previous owners covering up a problem or it could be the company that provided the service mistakenly delivered the wrong DVD. Such errors do happen. One would hope that the seller's agent knew nothing about any intentional misinformation, but he or she could be partially liable if the wrong disk was presented and he or she knew. Again, ask an attorney to help you sort this out.
Prudential Real Estate of the Rockies
However--and I'm not a lawyer, so this isn't legal advice--you'd probably still have to show that the seller knew it was fake. An affidavit from the inspection company ("The seller told us to provide a fake DVD") would be a start. But if the seller says, "I called up an inspection company and they told me they scoped the line. I relied on their professional expertise to do so" and you can't prove otherwise, you'll probably have a very difficult time proceeding.
Hope that helps.
I would ask a real estate attorney whether they would be willing to take your case.
You are going to have a tough road ahead. Even if you track down the Seller, they are unlikely to say, "Oops! My bad! Have them send me the bill!"
You will need an attorney, and you are going to have a devil of a time
All the best,
This can vary from area to area and State to State.
You would have to involve an Attorney at this point.
You would also have to be talking about a lot of $$ for repairs to make it worth while.
And two years has elapsed?
Good luck and may God bless