Legal Question in Real Estate Law in California

Rotten Septic Tank

I bought a home 2 years ago and I began having pluming problems recently to find out by a pluming company that the problem is in the septic tank so I called a company that pumps septic tanks and they told me that my tank was rotten and whoever sold me the house replaced only the lid to pass inspection. Then I called a second company that repairs septic tanks, and they told me the same as the first one, and they said that I need a brand new septic tank that costs 5 grand, the one I have is a metal tank, what are my rights ?


Asked on 6/01/03, 10:23 pm

2 Answers from Attorneys

Michael Olden Law Offices of Michael A. Olden

Re: Rotten Septic Tank

You have numerous claims potentially against the prior owner, seller of the property. You should have received a disclosure statement regarding the septic tanks and their condition prior to the sale. More importantly, there's a question as to the inspections which you should have made on the property. Specifically, whether the inspectors did their job properly as there may be a claim against the inspectors for failure to properly investigate or inspect the tanks. My immediate advice is you have substantial rights and claims for damages against the prior owner and you should find an attorney specializing in real estate law immediately. You have already let two years ago by and their statutes limitations which requires to you to act within specific periods of time. Without knowing exact dates all I can say is you must act immediately.

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Answered on 6/01/03, 11:54 pm
H.M. Torrey The Law Offices of H.M. Torrey

Re: Rotten Septic Tank

from the facts given, if the septic tank problem was intentionally concealed, you have VERY strong rights available to you in which you should be able to recover not only the $5000 it will cost u to remedy the problem, but also punitive damages based on the former owner's intentional deceit here without properly disclosing the problem to you. further, the statute of limitiations should not be an issue here if you just recently DISCOVERED the intentional deceit. if you would like further assistance and/or representation in this matter, feel free to email me directly on how you would like to proceed.

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Answered on 6/02/03, 12:55 am


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