Bought a home "as is" last oct, come january when i lived on the property, found out there's a bogus drainage setup, do i have a case against seller?

Asked by gp_m7, Whitetail Ridge, Madison, WI Sat Jan 25, 2014

The kitchen drainage and the laundry drainage are not connected to the sewer line at all. Instead they are just connected to each other by a 20 ft long tube buried underground with just a blow out spout in the middle, which is about 2 ft above ground, and this where the water just exits as well every time you use the sink or do the laundry. Had a licensed plumber correct and properly install the drainage for $3000. Seller says she will not cover the expenses because i signed "as is" when i bought the house.This information was never disclosed though, and seller says it was because this never bothered her, she did not notice it when she used her kitchen sink and just thought all the while that it was something normal for the water to just flow out of the spout every time she does her laundry. I am planning to take this matter to small claims court, do I have a case against the seller?

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Tonia Flores, Agent, Long Beach, CA
Sun Feb 23, 2014
I noticed you are in Wisconsin and therefore laws and practices may differ from many of the California based answers. The following links may help you decide if you want to pursue the matter.

The Wisconsin Bar Association has information posted http://www.wisbar.org/newspublications/wisconsinlawyer/pages…

They also have an attorney referral services if you do not have one already http://www.wisbar.org/forPublic/Pages/for-public.aspx

Best of luck to you. I hope everything works out for you.

Respectfully,
Allen and Tonia Flores
REALTORS®
Keller Williams Coastal Properties
BRE 0192100 | 0188440
Allen: 562.248.6855
Tonia: 562.448.2044
fax: 562.661.6052
2 votes
Lance King, Agent, San Francisco, CA
Thu Jan 30, 2014
The fact that a seller has you sign an "as-is" addendum does not relieve them of their responsibility to disclose material facts. I would think you would have a good case but for a legal opinion you should consult an attorney.

Best Regards,



Lance R. King – Broker/CEO
King Realty Group

BRE # 01384425
415.722.5549 - Cell
lance@king-realtygroup.com
0 votes
Calvin Mackey, Agent, Mission Viejo, CA
Wed Jan 29, 2014
These are the types of questions that require an attorneys assistance. Did you have a home inspection done?
Good luck!
0 votes
, ,
Sun Jan 26, 2014
Well my understanding is the seller can not sneak stuff through. "As is" does not cover things that you did not know about. An attorney would probably cost more than the $3000
0 votes
, ,
Sat Jan 25, 2014
This is not the place to get your legal questions answered. You can only do that by speaking to a real estate lawyer.

Alex Greer
Loan Officer
NMLS #1056079

http://www.TheMortgageOutlet.com
408-352-5147
AGreer@TheMortgageOutlet.com
0 votes
Scott Godzyk, Agent, Manchester, NH
Sat Jan 25, 2014
only a lawyer can tell you if you have a case. if the seller was a bank. you may be out of luck, but if the seller knew this they may have been required to disclose it whether they write as is or not. Check with an attorney to be certain.
0 votes
Nicole Fedor…, Agent, Santa Ana, CA
Sat Jan 25, 2014
Sounds like you need to consult a Real Estate Attorney. Realtors cannot give legal advice.

If the Seller was aware of a problem, but did not disclose it to you, the Buyer, then you might have a case. However, proving that she was aware of the problem will be your challenge!

Even on an "As Is" sale, its a good idea to have a professional home inspection, just so you can be aware of any potential problems with the property!

Good Luck to you!

Nicole Fedorchek, Realtor
Tarbell, Realtors
714-914-5097
realtornicolef@gmail.com
0 votes
Trevolyn Hai…, Agent, Highland, CA
Sat Jan 25, 2014
Technically all real estate sales are 'As Is' but if she knew that this was the setup, it is something that she should have disclosed. An important question that a judge will probably ask you is: did you do a home inspection? This sounds as though this was something that would have been discovered by the home inspector during your inspection period and even when a buyer is not going to ask for repairs from the seller it is still an important thing to do.
0 votes
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