Home Buying in 80226>Question Details

Tulo227, Home Buyer in 80226

seller's agent gave fake DVD scope of sewer line at closing(did not find out til 2 yrs later) Now sewer line needs replaced. Who is responsible?

Asked by Tulo227, 80226 Wed Jul 27, 2011

We had the seller scope the sewer line as part of closing. Found out 2 yrs later that the DVD given to us for the scope was a FAKE and not even of our house! Now the sewer line needs replaced. Does the selling agent have any liability for this? (we live in Denver, Colorado)

Help the community by answering this question:


Robert McGuire’s answer

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
0 votes Thank Flag Link Fri Feb 22, 2013
Fraud is an intentional misrepresentation of material facts known to be false. It does not have a statute of limitations. You should report the conduct to the Department of Regulatory Agencies. If it is a Realtor, there are certain guarantees, and you should bring a case against the agent in the board of Realtors, where they will adjudicate internally after a reasonable investigation. The seller could be liable for having concealed the known adverse condition. It may even be covered under your broker's errors and omissions insurance because he/she unknowingly presented it to you as a basis for your decision without having asked the critical questions to identify the time and place of the video's creation. I would do a public records search under FOIA and see if there were any permits pulled that identifies the timeline better for when the line failed and interview the neighbors to see if they heard anything. It sounds like an interesting case. Keep in mind though that the cost of litigation may exceed the cost of the replacement. The cost to replace should be between $5500 and $10,000 for a typical 75-100' line. In Colorado, the prevailing party often wins attorneys fees too.
0 votes Thank Flag Link Fri Feb 22, 2013
Contact an attorney! Realtor's have to act in good faith, I would imagine that violates acting in good faith.
0 votes Thank Flag Link Sat Aug 25, 2012
I personally watch the scope. You can see all kinds of things floating by when they get to the main line !
0 votes Thank Flag Link Fri Aug 24, 2012
Dear Tulo227,

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.

Brooke Hengst
REALTOR, CDPE, The Elite Group
Your Castle Real Estate
(720) 988 5952
Web Reference: http://www.brookehengst.com
0 votes Thank Flag Link Mon Aug 1, 2011
Obviously, you should talk to an attorney to get legal advice. This sounds like it be a legal issue, but only a lawyer can tell you what your rights might be.

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.

Kind regards,
Ron Rovtar
Prudential Real Estate of the Rockies
Days: 303.981.1617
Evenings: 303.473.1926
0 votes Thank Flag Link Mon Aug 1, 2011
If the listing agent knew that the DVD was fake (and you can prove that), then you can try going after the agent. If the listing agent didn't know, then it's likely your only recourse is with the seller.

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.
0 votes Thank Flag Link Wed Jul 27, 2011
Don Tepper, Real Estate Pro in Burke, VA
Unless you can prove that the listing agent was aware that the scoping was faked, I don't see any liability on the listing agent's part. But I would think that you could hold the former owner responsible, again, if you can prove fraud.

I would ask a real estate attorney whether they would be willing to take your case.
0 votes Thank Flag Link Wed Jul 27, 2011
Alan May, Real Estate Pro in Evanston, IL
Right now, Tulo, you are.

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,
0 votes Thank Flag Link Wed Jul 27, 2011
Yes you are responsible for discovery not any of the agents, if the DVD that was given to you was from the seller, then deal with the seller, however normal use can cause sewer blockage and since it took two years for the problem to become a problem the question here is more of what the hell do you flush down the toilet? Clear the line like every other homeowner has to do when they have a clogged line!
0 votes Thank Flag Link Wed Jul 27, 2011
You may find that Buyers are responsible for their own Inspections, and the Homeowners are responsible for the Utilities from the curb to the house.
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
0 votes Thank Flag Link Wed Jul 27, 2011
Search Advice
Ask our community a question
Email me when…

Learn more

Copyright © 2016 Trulia, Inc. All rights reserved.   |  
Have a question? Visit our Help Center to find the answer