I need an attorney to help me gain this money. Yes, the current issue does prevent me for receiving a full occupancy permit. Yes I can upload the exact letter concerning the escrow and letters to and from my agent that clearly show the seller was going to fix the problem before closing and letters saying they did. I have the letter from the estate responding to my request to obtain the money held in escrow as well. He too, says the problem was fixed and I have proof it was not, and old inspection was used to gain temporary occupancy permit at the township in spite of the fact the septic backed up BEFORE closing and I was told it was emptied and inspected BEFORE I closed. Neither was done.
To The Estate of David Gage,
I have personally verified with the township supervisor John Mccafferty - Director (Acting) (412) (###) ###-#### ***** Hills that although there is a sewer approximately 125 feet from the property, it is up hill, through a neighbors
yard, under a fence and a driveway. Penn Hills has determined this is not a feasible solution to the problem. They will sign off on the property, only if the broken pipes are all repaired and the system is up to code.The Estate was aware of a problem with the plumbing and did agree to pay for the septic tank to be emptied and inspected.This was never done. The buyer was told via email ( in writing) that the plumbing system was inspected and in good working order 2 days prior to closing. This was untrue. The inspection report submitted to Penn Hills was dated July 2014, not March 2015. We agreed to complete the purchase only AFTER being told the septic system was in good working order.
The first back up occurred BEFORE we purchased the home which lead to the last minute scramble to have SELLER agree to empty the tank and and a plumbing inspection to occur. I personally received an email while working from Elise stating the inspection occurred and the plumbing passed. She added she obtained a 10,000 escrow to insure a working system. As everyone knows, the closing was a nightmare when Elise stomped out in the middle claiming buyer was a liar and she was going to prove it. She never returned. Buyer produced email proving she was told there was a home warrantee on the property and Seller agreed to pay for it since buyer was obviously deceived. Buyer also has emails and text messages to verify statements in this letter concerning the plumbing.
WE have not had a working plumbing system since purchasing the property on Duff Road. Since the problem occurred BEFORE closing and Buyer was deceived we will proceed with legal demand for the money held in escrow be used to make the Buyer whole. We will further be seeking all legal fees, damages
to the property and its contents as well as fraud by all parties involved in this transaction.
We have attempted every possible remedy to resolve this issue to no avail and since the Estate was aware the inspection was old and there was a known problem to the system prior to sale and it was not disclosed, the Buyer has no other alternative than to sue for damages. The term AS-IS only applies when the seller is not aware of an existing problem. The seller attempted to sell this home to another buyer 1 month prior and was notified of the need to tie into the public system and did not disclose this to the Buyer until after the backup prior to sale. They only agreed to the escrow AFTER the Buyer discovered the problem. This party was told 30 days after the sale there was no feasible plan to tie into the public sewer system and that the house should have never been sold without repairing the bowed and tree root filled pipes leading to the septic system. ( Allegheny County had notified previous owner with a letter 1 year prior to the sale of this fact)
I personally have contacted Penn Hills, Allegheny County, plumbers, the warrantee company as well as the secondary warrantee I purchased for the property and no one will cover the damage since it was preexisting and documented. I was hoping the estate was going to agree to do the right thing where this property is concerned. We have lived with the constant smell of raw sewage, 13 cleanups of raw sewage on the lower level of the house and have been unable to use the property as we had planned. No work can be done on the lower level until the problem is resolved and we face the house being condemned at any time since we cannot obtain a full occupancy permit without the repairs and We can not afford the repairs after spending over 5,000 to date bringing the property to code.
If the Estate does not respond within 48 hours, Buyers will proceed with a lawsuit. Happy Holidays for those who do not have to live in the land of raw sewage.Lorri Jackson Pierce
Travis D. Jackson