Legal Question in Real Estate Law in California

I purchased a home 6 years ago and recently found out I have a septic tank. The disclosure statement list public sewer... And I wouldn't have bought the house had I known it had a septic tank. I also believe bacteria may have caused infections and medical expenses I have incured.

What recourse do I have and where should I start?

Thank!


Asked on 11/26/10, 8:48 pm

1 Answer from Attorneys

Bryan Whipple Bryan R. R. Whipple, Attorney at Law

Six years is a pretty long time, given that the statute of limitations for fraud or mistake is three years. Sure, it runs from the time the victim discovered, or with reasonable diligence should have discovered, the facts. The problem is, the defendant(s) likely will assert that a home owner should figure out, in less than three years, that there is no public sewer based on lack of receiving a utility bill, conversations with neighbors, or the like. What is also going to be a problem, if you sue, is proof of damages. Septic tanks, properly installed, have a pretty good safety record and tracing an infection to a septic system vs. a public sewer will require some expert witness investigation and testimony. If you believe your potential monetary damages exceed the cash costs and other burdens of going to trial, see a lawyer in your area who can give you a more complete and personalized analysis.

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Answered on 12/03/10, 5:44 pm


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