Legal Question in Real Estate Law in Massachusetts
We hired a contractor to decommission the septic system and tie into the town sewer in order to sell our house. The contractor tied ONE line into the sewer and dug a hole into the septic tank. The inspector came and stood over the small hole in the tank and then left. Once the inspector left, the contractor filled in the tank. The system had TWO lines from the house to the tank, and the second line was not tied into the sewer. Sewerage filled the yard and the new homeowner had to hire another contractor to fix the mess. We were sued by the new homeowner for their expense since the contract was not with them, but with us. Can we sue the inspector for negligence for not thoroughly inspecting the system, and allowing the contractor to fill it in when the system was not completely decommissioned? Thank you for your help.
1 Answer from Attorneys
No, but you can sue the contractor who did not due the repair properly. Inspectors have a qualified immunity
Likewise, your homeowners insurance should cover part of the lawsuit.
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