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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31016
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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I purchased a home in Monahans, Texas. After 4 months we are

Customer Question

I purchased a home in Monahans, Texas. After 4 months we are having septic issues. We have had some come out and locate and pump. But there were no tanks, just two dry wells...is this legal. Should they have had to disclose this fact? I am being told I will need to replace the system with tanks, do I have any recourse?
Submitted: 10 months ago.
Category: Real Estate Law
Expert:  Roger replied 10 months ago.

Hi - my name is ***** ***** I'll be glad to assist.

It could be possible to seek damages from the seller if this condition was known to the seller and negligently or intentionally not disclosed to the buyer. That said, the seller could claim that you/the buyer had the right/ability to inspect the property, the septic tanks, etc before closing and since you didn't, you're partly liable.

Expert:  Roger replied 10 months ago.

Who is correct is a question of fact for the judge or jury to determine, but if the seller knew of this issue and didn't disclose it, there's likely some liability that you could assert and possibly get at least part of the expense to repair this from the seller.

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