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Richard, Lawyer
Category: Real Estate Law
Satisfied Customers: 55605
Experience:  32 years of experience as lawyer in Texas. I'm also a Real Estate developer.
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State of Minnesota We purchased a house in 2013 and have

Customer Question

State of Minnesota
We purchased a house in 2013 and have recently sold the house. After the closing of the sale of my house, the new owner would like me to repair the sewer line that is disclosed in my disclosure statement that reads:
"Sewer line has an offset near the main and is cracked, but is functional".
For some reason, the Buyer waived their right to inspection, did not inspect the house, did no investigation into the situation, and did not negotiate a price adjustment prior to closure. And apparently the agent did not counsel the buyer to do otherwise. The MLS listing visible to Buyer's agent also had a note posted as follows:
(Note: the sewer line connects to the city main east of house at_____.) The sewer issue was discovered when Company X did a camera check of sewer lines in the neighborhood (from the street) to check that the sewer line was not impacted by gas lines (which they were not). The line did clog the following spring and the seller cleared all drain lines in 2014. the seller has had no issue with the sewer since the sewer line clearing. Seller has additional information if the buyer wishes to follow up.
A letter was received from the Buyers real estate agency company's Attorney shortly after the closing date that claims that we need to have the sewer line repaired to local code because we didn't disclose more information that we had from discussions with the City engineer and personnel.
The city ordinance does hold the property owner responsible for repair of sewer line even though the repair location is in the street near the main line (near center of street) and requires repairs are done in accordance with local and state code. I tried to have them change the ordinance, but they refused to help.
The area had a major flood in 1997 and sewer lines were repaired afterward. My opinion is that the damage to my sewer line (near the main) was done by the City during repairs. It may be difficult to prove this but that is my opinion. If my assumption is correct there may be many houses in the area with similar problems.
My question is; Does the Buyer have any legal standing to make us repair or pay for the repair of the sewer line?
Submitted: 1 year ago.
Category: Real Estate Law
Expert:  Richard replied 1 year ago.

Good morning Daniel. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 1 year ago.

You do not have liability for this. Your only obligation is to disclose the issue. As a seller, you are obligated to disclose anything the seller knows or should have known that a reasonable buyer would consider material in making the decision whether or not to buy the property. You did exactly that. The fact that the buyer did not follow up with this and/or did not raise it as an inspection item is not your fault; rather, it's the buyer's fault. You are not responsible.

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