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Roger
Roger, Lawyer
Category: Real Estate Law
Satisfied Customers: 31015
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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We purchased a home in 2009 it is now fior sale second time.

Customer Question

We purchased a home in 2009 it is now fior sale for the second time. We do not live at the residence we moved 2.5 hrs away. The purchase was way over priced they did not accept our first bid I was VERY skeptical of purchasing, I didn't love it and it needed some updates and repairs, roof being on the list but noted as no issues or leaks. (Lie) There are 2 manholes on the property. Told to us they were non functioning and where really just there. Realtor stated nothing noted on the deed and nothing disclosed by the owners, advised get an inspection. Paid inspector didn't even notice the visible manhole on the side of the house. When I asked him about it he said what man hole and then he went back to view it. Inspector and realtor said do a title search and you will know for sure. Mind you I wasn't 100% on purchasing this house cause of several issues. We got the title search and it came back clean with NOTHING on it. NO EASEMENTS. So we now believe there non functioning.
After two plus hours on the phone with me telling the realtor how this house was over priced and it wasn't worth it he tried to tell me how wrong I was and it was a good solid home needing minor updates I beg to differ. I told him we we bit going to peruse the home due to the results of the inspection and we wkd just take our 1k deposit back he said we couldn't it was non refundable I said ONLY if the inspection was clean. I don't want the gone with several pages of defects. He convinced me how great thus hipbone was and what the home offered. Needless to say we purchased!
Immediate move in there were many issues. Shower leaked into the garage as it was equipped with a car wash. Rain fall filled the sun room with ankle deep water. Needed an umbrella in the front room for when it rained! Many more to list that was not disclosed by previous owners. All repaired to date!
Fast forward to 4/16 sewage is blocked in the town, surprise the block is in the pipes in our yard! To our knowledge no easement to the pipes (so we were told) now the township needs to get in there and unblock it! Meaning our concrete shed has to be knocked down and our fence has to be removed. Originally the township is like this is what we are doing and we would be responsible for the clean up, HUH? We didn't agree. Multiple phone calls with the township we came to an agreement, the best for them not to peruse court! Turns out they have title of the previous owners that DOES have a sanitary easement on it from 1917! Our title Has NOTHING on it they don't have ours cause of that they present the previous owners. HERE IS MY PROBLEM I WOULD HAVE NEVER PURCHASED THE HOME WITH A KNOWN RAW SEWAGE PIPE LINE EASEMENT ON THE HOME! Back in 2009 this would have defiantly been the deal breaker NOT to purchase the home. There were to many issues this known issue would have clearly been the NO THANKS, ***** ***** on!!! By us being misled by the owners and realtor we not only over paid for such a house but did our proper steps to the identity of these manholes with false results, to purchase. Why is it now we take the loss on this home for being lied to and misled. We called 3 lawyers in the area. With no return calls who can help in this manner? The house is located in the most corrupt town in northeast Pennsylvania. The title lawyer was the same lawyer the previous owners had he's not even calling us back now. When we originally spoke to him he said there was nothing on it and he goes back 60 yrs and not 100. How can theirs have the easement listed and ours not in a four year time frame from owner to owner? Title Lawyer stated we needed to contact the title insurance. That policy states not responsible for unreported easements!!!!!!!!!!! What? then who is. So it's okey to lie and mislead people for purchase? We paid all the propel for a service and the service misled us. this wasn't the only lie to this home. Please help where do we turn and can we pursue?????
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Roger replied 6 months ago.
Hi - my name is ***** ***** I'll be glad to assist.
If the existence of this sewer line was not disclosed to you or if it was misrepresented to you by the seller, realtor, inspector and lawyer, they all could have liability to you for the damages or loss of value of the home.
Expert:  Roger replied 6 months ago.
You would have to be able to prove that the existence to the sewer line has devalued the property. If that can be done, you would have a claim.....and the best thing to do is sue each person and let the court decide liability or apportion fault.
Expert:  Roger replied 6 months ago.
You may have to go out of county or township to find a lawyer. Visit www.martindale.com and search for a real estate litigation lawyer in your surrounding area to assist.
Expert:  Roger replied 6 months ago.
Please let me know if you have any additional questions. Also, please take time to positively rate our conversation so I may receive credit for assisting. Thanks again!

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