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Tina, Lawyer
Category: Real Estate Law
Satisfied Customers: 5436
Experience:  17 years of legal experience including real estate law.
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Purchased a condo 3 years ago and at the time of the sale

Customer Question

Purchased a condo 3 years ago and at the time of the sale the previous owner had to install a backflow preventer valve on the sanitary sewer lateral serving the condo to meet local code/ordinances to sell the condo. Since that time we have found the backflow valve preventer was installed incorrectly, causing clogging and raw sewage to lay in the sewer under the condo. Do we have any course of action against the former owner, plumber, municipality, real estate service, home owners association, and/or developer? (At this time it is impossible to tell if the sanitary sewer was installed correctly at the time of construction)
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  P. Simmons replied 1 year ago.

Hello! My name is ***** ***** I am a licensed attorney with more than 18 years of experience. I am here to assist you with your questions. Please understand that if I ask you for additional information, you are NOT charged again and our communications are NOT timed. So please see this as a relaxed conversation between friends. I am here to help

Also, if you would like to chat on the phone, let me know and I can make that happen.

This mention that you can not tell if it was done correctly at construction...can you tell me, is it clear that the install done by the previous owner was defective?

ALSO, was this covered in your inspection? If not, why not?

Customer: replied 1 year ago.
It was covered in the inspection required by the municipality. Yes, it is clear that the work by the previous owner was defective
Expert:  P. Simmons replied 1 year ago.

Wait...if this was covered in the inspection (the pre purchase inspection you performed) why did you not raise this PRIOR to close of escrow?

Customer: replied 1 year ago.
I do not think this is a question for a real estate lawyer. I wanted to speak with a contract attorney, as this is a question of proper construction and not about prior to close of escrow. For example: if a bridge collapses after it has been in use for several years is not a question for prior to escrow, it is a question as to whether construction was faulty or defective during construction. Thank you for your time. I will not be paying for this service.
Expert:  P. Simmons replied 1 year ago.

You are welcome. best of luck