Legal Question in Criminal Law in Alabama

Real Estate Law Suit

My husband and myself purchased a home in Aug of 2000. Through the realtor we requested that the well and septic be inspected. We never received the test results back before closing. The realtor did call us and tell us after the closing that everything was good. Later we found out that our well water had nitrates but we were told by the company that services our water softener that it is safe. I have had two miscarriages in six months. I have been to the doctor a number of times trying to figure out what was wrong. We had our water test again last week and to find out the nitrate level is very high. The water guy said that if I am pregnant or have small children in the home they should not drink the water. We also have an 8 year old son. I have had to miss work to go to the doctor. I am just really frustrated is there anything I can do? Thank you so much for your time.


Asked on 4/02/03, 1:00 pm

2 Answers from Attorneys
Robert Kreitlein Robert Kreitlein, Attorney at Law

Re: Real Estate Law Suit

Well, you might possible have a claim against the realtor if he or she suppressed the test results and lied to you. You might also have a claim against the company servicing your water softener for telling you the water was "safe". With that said, damages might be difficult to prove. Miscarriages are tough because they are so common and relatively little is understood about the underlying causes. I would recommend that you speak with an attorney directly so that he or she can get more details and maybe investigate your potential claims a bit. It's difficult to provide much more than a cursory analysis under the circumstances. Good luck to you.

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Answered on 4/02/03, 1:06 pm
JAY Nixon nixon law offices

Re: Real Estate Law Suit

The first thing I would recomend is an independant test from a third party who is not in a position to sell you anything (i.e.water treatment equipment). You should always be wary of vendors telling you that you need something based upon that vendor's tests. A government agency test would be ideal. Going after a seller on a three year past transaction would be difficult and only worth considering if you could prove that they had notice of the problem and lied about it. This is especially true for well issues, since the status of the well water can change over time due to ever changing environmental factors. Given your status as a potential parent, bottled water would certainly appear to be a good option until you can sort all this out.

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Answered on 4/02/03, 2:08 pm


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