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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6846
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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We r looking getting a lawyer in co araphoe county we sold a

Customer Question

We r looking for help getting a lawyer in co araphoe county we sold a house 14 months ago the buyer is now saying the septic tanks is bad before we sold we had it inspected we fixed what ever was wrong another thing the house sits on 40 acres the field held water when it rained and the water came up to the leach field the buyer is saying he did not know the property held water he came to see the property 2 to 3 times and it had water on it . Now we have been served papers he is suing us r realtor and his own realtor hoping to get some help thanks.
Submitted: 6 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 6 months ago.
Disclosure cases in most states turn on whether or not the seller had actual knowledge of the defect and failed to disclose it to the buyer. In most states it is not a question of what the seller should have known, but rather what the seller did in fact know. If you can prove that you had a professional inspection and follow the recommendations of the inspector for fixing whatever the problem was, I like your chances of being able to win the suit; however, I am not a lawyer practicing in Arapahoe County, and one of those should be the next person you contact about this matter. This might be helpful in locating an attorney. https://www.justia.com/lawyers/real-estate-law/colorado/arapahoe-county.Please don't forget to enter a rating by clicking on one of the five boxes at the top of this reply. We are not employees of Just Answer, and only receive credit for assisting you when the rating is positive.
Customer: replied 6 months ago.
Thanks for your answer, the buyer knew that the enginer would not be able to come out and inspecte the leach field until after closing and he wanted to close anyway and even 3 days earlier. At his request. Does the reallord have any fault in this mess.
Expert:  Irwin Law replied 6 months ago.
If you disclosed everything you knew about the leach field in the disclosure document you should have no problem. The fact that the buyer waved his own inspection, and wanted to close early will be a factor that can go against him in court. Realtors are not usually responsible for the disclosure unless they take it on themselves to fill in the document.Please don't forget to enter a rating by clicking on one of the five boxes at the top of this reply. We are not employees of Just Answer, and only receive credit for assisting you when the rating is positive.
Customer: replied 6 months ago.
But shouldn't both realtors have no better not to go ahead with the closing if the report wasn't done.
Expert:  Irwin Law replied 6 months ago.
Possibly his Realtor should have advised him not to close without it, but Realtors are not held to the standards of experts at judging conditions.

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