Legal Question in Real Estate Law in California

Plumbing Problems

I purchased a home in 1989. I am currently having plumbinbg done outside the house. When they were digging up the drain pipes, they found a septic tank. It was not filled. When I purchased the house there was no mention of this. Now I have to deal with this. I would like to know who is responsible for the septic tank. It was not disclosed in our Escrow papers. I contacted the Real Estate that represented the sellers and he wasn't very helpful. Could you give me some idea on who and what I can do.


Asked on 12/20/01, 8:07 pm

3 Answers from Attorneys
Wayne Smith Wayne V. R. Smith

Re: Plumbing Problems

Sounds like a used home. Too late now for breach of contract. But it sounds like there might be fraud, and you have one year in California to file a legal action after discovering the fraud. If the cost to cure the problem now is less than $5,000, then you might want to consider fixing it - and then suing the former seller and brokers for your damages in Small Claims Court. You can file up to two claims with a $5,000 limit per year. Good luck.

NOTE: Please understand that the information provided in this reply is for informational purposes only and does not create an attorney-client relationship. It also may not be complete. Before you make any decision that might possibly have legal implications, you should consult with our office, or another qualified professional, in a manner that provides for thorough communication so that thorough legal advice can be provided in a manner that relates to your specific circumstances. Thank you.

Reply Posted By:

Wayne V.R. Smith

Attorney at Law

P.O. Box 3219

Martinez CA 94553

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Answered on 12/21/01, 12:51 am
Ken Koenen Koenen & Tokunaga, P.C.

Re: Plumbing Problems

You have a problem of proving that the sellers knew of the septic tank. If the house is very old, they may have purchased the property after a retrofit, and never knew of the tank themselves.

A real estate agent needs to disclose what he knows about the property, or what he can see with a visual inspection. You are going to have a hard time carrying the burden of proof.

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Answered on 12/21/01, 2:26 am
Larry Rothman Larry Rothman & Associates

Re: Plumbing Problems

You may have a law suit for negligent/intentional mispressenation as well as breach of contract. I will be happy to review your documenation at no charge if you fax same to me at 714 363-0229. Our firm handles cases throughout California.

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Answered on 12/30/01, 5:04 pm


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