Legal Question in Real Estate Law in Utah

Is seller responcible for damage he knew existed and didn't disclose?

My husband and i bought our first home three weeks ago. Two weeks ago there was a flood in the basement due to tree roots in our lines and a major crack in our sewer main. The owner, who is a licensed realtor, then told us then that root treatments had to be done every few months(he hadn't maintained them). The pipe now needs to be dug up and replaced ($7200) He was untruthful on the property disclosure form and in stating that all the systems were in working order when we took the home. (Iknow the property checklist holds no real value.) Is there any recourse to have him pay for or help pay for the pipe to be repaired. We are a young broke married couple, so any news would be greatly appreciated. Thank You.


Asked on 7/10/01, 2:12 pm

1 Answer from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: Is seller responcible for damage he knew existed and didn't disclose?

The good news is that you are entitled to be reimbursed your expenses. The seller, including the realtor, is required by law to disclose material facts about the home. "Material facts" means any information which would affect the buyer's decision. The sewer problem is one such material fact. The seller and the realtor had a duty to disclose, they failed and you are entitled to reimbursement.

You will be pleased to know that most realtors carry professional liability insurance just for these kinds of events. If the realtor can't or won't pay, the insurance will.

You should make a written demand for complete reimbursement of all of your costs and losses from the realtor and the seller. Send letters to each, both via regular mail and certified. Give them ten days to make payment. If they do not pay then give me a call and we will haul them in front of a judge. The judge will then order them to pay, including your attorney fees.

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Answered on 7/11/01, 3:16 pm


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