Legal Question in Real Estate Law in Florida

Hidden problem with a house we purchased

We just bought a house. One month after closing we had a problem with the septic tank. We are told we need to replace the drain field which will cost about 5,000.00. I have in my possestion a copy of an invoice given to and signed by the previous owner by Roto Rooter. The invoice is for a septic tank pump out and it states that the drain field shows signs of failure. On the property discloser, the question about knowledge of problems with the septic was answered ''no''. Can we hold her responsible for this expense? Seems like she knew there was a problem and lied about it.


Asked on 2/21/02, 12:56 pm

1 Answer from Attorneys
Peter Gonzalez Sanchez-Medina, Gonzalez, Quesada, Lage, Crespo, Gomez & MachadoLLP

Re: Hidden problem with a house we purchased

You may have a viable claim against the seller. In addition to the disclosure statement, the closing documents probably include a title or seller's affidavit that represents that the seller is not aware of any condition that would adversely affect the value of the property. If you relied on that representation to close the deal, the seller is liable for fraud and misrepresentation. Seek the advice of the lawyer who represented you on the purchase or seek the advice of a real estate litigation attorney. The contract for sale and purchase may have a provision that allows you to recover attorney's fees and costs if you prevail in any dispute arising from the sale and purchase of the property. Good luck.

Read more
Answered on 2/21/02, 5:05 pm


Related Questions & Answers

More Real Estate and Real Property questions and answers in Florida