Legal Question in Real Estate Law in Florida
failure to disclose home problems at closing
I purchased a home 3-31-01 from 3 retired people/On april the second i had to call a plumber due to septic tank problems. Plumber showed me where the drainage tile had bee cut(not broken)to allow some of
sewage to by pass the septic tank.i recently had to have the septic tank pumped again only to be told thatwhen the former owners put in the pool, they did
away with some of the drainage fields. i have sewage
backing into my house-there is no way 3 peopled lived
here, full time and did not have a problem. I believe they failed to disclose this problem especially since the house had been on the market for awhile. i am not even here most of the time but i
can't bathe, or do laundry ,or even wash the dishes with out the showers, stools and the ground outside
bubbling up. I need to know if i cn pursue this in court since the plumber is willing to testify that the tile was cut to alleviate the sewage problem and
the previous owners went to closing without saying one word about any septic tank problems. wayeetireees.Aprilepril
2 Answers from Attorneys
Re: failure to disclose home problems at closing
Sounds like you might have a good case against the prior owner. Everything depends upon whether the "defect" was known, or should have been known to the prior owner. Sure looks like they knew about the problem. The failure to disclose this material defect is actionable.
You should schedule a formal consultation with a� lawyer.� A good means of obtaining an attorney referral is by contacting your State's bar association or your local county bar association.��� They probably have a web site and charge a nominal fee for the referral.� Most attorneys either provide a free initial consultation, or charge a nominal fee. At no charge, I would be happy to meet with you.
Good Luck.-Elliot Goldstein (I also have an office in Tampa 727/804-3609 or 813/758-1862)
The above information is provided as a courtesy, without any consideration and without knowledge of the specific facts.� Do not rely on this information. Seek a formal consultation with an attorney.
Re: failure to disclose home problems at closing
You may have a viable claim against the seller if you can show that the seller knew or should have known about the defect and failed to disclose it prior to closing. If the property was sold in "as is" condition and the problem was disclosed prior to closing, then your claim may be a weak one, at best. You need to consult with a real estate lawyer and have him/her review the documents associated with the deal. Good luck.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
