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Ely, Counselor at Law
Category: Legal
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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If one purchased a home for rental property and the disclosure

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If one purchased a home for rental property and the disclosure stated the septic tank was ok, no defects AND you accepted the property AS-IS without having an inspection, just to later (3-4 months) discover there is failure to the septic tank. Could one request/sue the previous owner for recoupment or montery assisance for repair/replace the septic tank?
Hello friend. My name is XXXXX XXXXX welcome to JustAnswer. Please note: (1) this is general information only, not legal advice, and, (2) there may be a slight delay between your follow ups and my replies.

I am sorry for your situation.

While the buyer did accept the property as is, the buyer was relying on the seller's disclosure via Form 46021.

If the seller deliberately did not disclose the septic tank issue, and knew of it, and the buyer reasonably relied on the seller's Form 46021, then the seller may be liable for FRAUD. The elements of constructive fraud are: (i) a duty owing by the party to be charged to the complaining party due to their relationship; (ii) violation of that duty by the making of deceptive material misrepresentations of past or existing facts or remaining silent when a duty to speak exists; (iii) reliance thereon by the complaining party; (iv) injury to the complaining party as a proximate result thereof; and (v) the gaining of an advantage by the party to be charged at the expense of the complaining party. Pugh's IGA, Inc. v. Super Food Services, Inc., 531 N.E.2d 1194 (Ind.Ct.App.1988).

So if the seller KNEW of the issue, specifically did not disclose it with the intent that the buyer rely on it, and the buyer reasonably did so without checking otherwise, the seller may indeed be liable.

As such, the seller would then be liable for the judgment of how much it would be to repair/replace the septic tank, plus attorney/legal fees.

An attorney is recommended. May I recommend the Indiana Bar referral program - here. The attorneys are vetted and qualified. You should be able to find an attorney you are confident with and whom you can trust, and who is available ASAP.

Often, a letter from an attorney DEMANDING payment or a suit will be filed helps to have the seller acquiesce and agree to a settlement to avoid a long, drawn-out litigation.

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