Legal Question in Real Estate Law in Virginia
partially finished full bath
We purchased a home marketed on the MLS listing as having a ''partially finished full bath''. Had a working sink and shower. The connection for a toilet was there but not a toilet. We installed a toilet only to discover the sewage line runs out to the ditch by our mailbox instead of to the septic tank. One of the reasons we purchased this home was the partially finished full bath. Do we have any recourse? Can we make the seller fix this problem? Any advice would be greatly appreciated.
Thank you.
1 Answer from Attorneys
Re: partially finished full bath
Yes, you might well have a viable recourse with respect to this seller if you had specifically asked him(or her) questions regarding the terminus of the sewer line and s/he had responded with false and/or misleading answers. Otherwise, the answer is, unfortuntely,no. Many people purchasing real estate in the Commonwealth of Virgina do not understand that there is no duty in this jurisdiction on the part of the seller to disclose even material defects(as there is in other states). Unless the prospective buyer asks specific questions regarding the suspected defect and receives false or misleading answers from the seller in response, the buyer has no viable basis for legal action against the seller----no matter how serious the defect which was not disclosed.
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