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Irwin Law
Irwin Law, Lawyer
Category: Real Estate Law
Satisfied Customers: 6777
Experience:  Lawyer- Broker 30+years - foreclosure, short sale, liens, title attorney.
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My name is ***** ***** wife Laura and I live in Escambia

Customer Question

My name is ***** ***** wife Laura and I live in Escambia County Florida. In 2007 my wife and I bought a house that was documented with our utility company as being connected to our local sewage system since 1973. We have paid approximately $1600 in sewage fees since moving into our home in 2007. In Nov. of 2015 we had a sewage blockage so I hired a plumber to clear the blockage. The plumber informed me, to my surprise, that we have a septic tank and that our property had never been connected to the local sewage system. The plumber told me this is not uncommon and that Escambia County Utilities Authorities(ECUA) has a reputation for charging fraudulent sewage fees. Since sewage is underground and a reasonable person can't tell they are being frauded, ECUA has agreed to repay us our entire $1600 even though it exceeds the 4 year statute of limitations. My question is can we sue for the cost of installing and connecting to the sewage system since we purchased the house believing we were already connected. The bids I got are for around $8000, exceeding the $5000 limit. Would this suit be separate from the $1600 ECUA fraudulently charged us and if we accept our $1600 back would that disallow us from suing for the installment of sewage hookups. One more thing, is the real estate company that sold us the house at all liable for the fraud?
Submitted: 5 months ago.
Category: Real Estate Law
Expert:  Irwin Law replied 5 months ago.
What your lawyer told you sounds like sound advice. Having a great case is only half the battle. The other half is being able to prove it in court, and keep the legal costs down to where it makes sense. To answer your question more directly, whoever sold you the house may be liable for concealing the fact that it was not hooked up to the sewer, provided that they knew it. I don't know how you prove that. You yourself didn't know it for nine years. I would go with what your lawyer tells you to do about that.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.