Legal Question in Real Estate Law in Illinois

Is realtor responsible to inform me sewage needs ejector pump for WHOLE house

I bought a house from a couple who developed a sub division (the husband is a locensed real estate agent). In the course of having an estimate done for a new house my contractor detrmined that the sanitary sewage from the house will not gravity flow to the public sewer system.

The lot is sloped and without (drastically) raising the soil to a level that is not pratical (either in cost or the way the house would look), I would need to install a whole house sewage ejector system.

I would like to have the developer repurchase my lot. If he says he won't I would like to pursue legal recourse but want to know if I have a case as follows:

1. Is it resonable on my behalf to think that the lot would flow to the manhole without the need of a $6,000 sewer efector (pump) system.

2 All of the other 30+ plus lots are OK only this one requires a pump.

3. I think I will be damaged because of the extra cost for installation, maintenance and loss on resale. (This is the only house in the city according the head of sewer department that would have a whole house pump system)

4. Does the engineer for the developer have any liability?

5. Should the City have required all lots to gravity flow?

There was a one page contract no disclosures.


Asked on 2/11/06, 10:50 pm

2 Answers from Attorneys

Thomas Moens Moens Law Offices, Chartered

Re: Is realtor responsible to inform me sewage needs ejector pump for WHOLE house

Rather than jump right into litigation, have you discussed your concerns with the sellers? Perhaps they would be willing to trade lots or otherwise work with you.

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Answered on 2/13/06, 8:37 am
Charles Dobra Charles Wm. Dobra, Ltd.

Re: Is realtor responsible to inform me sewage needs ejector pump for WHOLE house

Where is the lot located (county)?? What does the municipal building code say? Was an occupancy permit issued?

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Answered on 2/12/06, 9:20 pm


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