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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 116715
Experience:  Licensed attorney practicing landlord-tenant, land use and other real estate law and litigation.
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We purchased a home in Dec and in May we found out a significant

Customer Question

We purchased a home in Dec and in May we found out a significant problem with the sanitary sewer system that was not disclosed. We found out from the sewer contractor that the previous owner know about this problem. The estimate for the fix is in the 12-15K range and wonder how best to procede
Submitted: 2 years ago.
Category: Real Estate Law
Expert:  Law Educator, Esq. replied 2 years ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the seller knew of the issue and failed to disclose, this is a breach of contract against the seller for failure to disclose and misrepresentation. You need to start by sending a written demand to the seller with an bill for the repairs. You need to inform them that should they refuse to cure their breach of contract you will have no choice but to take legal action.
If you bought a home warranty, you should notify them as well, since they may provide coverage.
If the seller refuses to respond to the demand letter, you will need a local real estate attorney to represent you to sue them for damages. If you prove that this was a willful and malicious misrepresentation, you could potentially even be entitled to attorney's fees as part of your damages.

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