Legal Question in Real Estate Law in Connecticut

We purchased a home in May 2009, since that time we have discovered there is a problem with the septic tank and/or leach fields which will require expensive solutions. There was a septic inspection done as a requirement from our lender which showed no issues. The problems with the septic system are so bad that they did not happen overnight but over a long period of time and should have been discovered at the time of inspection. The previous owners had to be aware of the situation but did not diclose any knowledge of a problem on the disclosure form that they were required to sign prior to closing. If we had been aware of the issues we would never have purchased this house and the lender would not have gone through with funding the loan. Fixing this problem is going to be very costly and we feel the burden of this cost should not have to be borne by us. Do we have any recourse?


Asked on 1/22/10, 9:11 am

1 Answer from Attorneys
John Heffernan Heffernan Legal Group, LLP

Forget the inspector. They usually have many disclaimers in their contracts saying they are opinions only and you can't rely on them. Seems strange, but that's the way it is. You could sue them, but the success rate is pretty low.

As for the former owners, if you can show that they had actual knowledge of the problem and deliberately omitted mention on the Sellers' Disclosure form, you can sue them for fraud. I've done it successfully, but mine was a well that crapped out and I could prove that the well had failed 3 times in 10 years. I tracked down well drilling and repair companies who had worked on the property and a neighbor who testified that the day before the inspection, a water tanker truck showed up and filled the well. If you can find neighbors who will testify that they had seen septic companies out there, or find septic people who worked on the system, you might well recover. It's really a question of proof.

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Answered on 1/27/10, 10:47 am


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