Legal Question in Real Estate Law in Utah

Yuck!!! 6'' of my neighbors raw sewage in my basement

We bought this home 4/01. It was built in 1925 so its old! When the home next to ours was built they just tapped into the existing lateral sewer line(ours) instead of putting in one of their own. We have the low-lying line and so if there is a back up we get all of the @#$% in our basement.This is just what happeded 10/03, infact 6 '' of @#$% filled my basement YUCK! The previous owners put in a water damage claim to their insurance 2/01. I have tons of evidence that the previous owners had the same sewage issues we now do, but they didn't disclose any of this information. The sewer line is 80 yrs old and MUST be replaced, which will cost $8,000-$10,000. OUCH!! Who is responsible for my clean-up expenses, new sewer line, and damages? I should also mention that what caused the October backup were tampons-I was 5 months pregnant at the time. Are the neighbors? The previous owners? How about the Home Inspector? You mentioned the Realtor, really?


Asked on 7/23/04, 6:55 pm

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

Re: Yuck!!! 6'' of my neighbors raw sewage in my basement

If the former owners knew of the problem and did not disclose the defect, then the sellers may be responsible for some or all of the cost to repair. If the realtor knew of the problem and did not disclose, the realtor may have some liability. If the problem was caused by your neighbor, their insurance may pay part of the claim. This not likely a problem which a home inspector would have an opportunity to learn. You may want to talk to an attorney about this.

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Answered on 7/24/04, 11:27 pm


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