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We purchased a home in July 2016. The realtor did not

disclose that a new high...
We purchased a home in July 2016. The realtor did not disclose that a new high school stadium would be built in less than 6 months - less than a mile away. She also said the smell in the house was due to the 12 puppies that were just born. I saw the dogs, so , like an idiot, I believed her. The smell is actually SEWER GAS that escapes up through all of the toilets, showers, disposal, etc. Everyone that visits asks if we are having septic tank issues. Nope - the entire city's waste is less than a half a mile RIGHT across the road.I knew the HS AG buildings were right across the road, but a healthy amount of vegetation kept the buildings and activity hidden. I can handle manure smell, but I am NOT liking the sewer smell.Don't these issues have to be disclosed???? Also, the water is HIDEOUS. We have the joy of "owning" the ditch where the run-off goes over to the sewer plant. There is another water system that runs through our front yard (which is almost ALL easement.) It burst in July 2017, and you would have thought it was the fountain of youth, it was so clean. Why can't we use THAT water? AAARRRGGHHHIs it possible to retract the purchase? Something like a "lemon law, " but for the house? Or AT LEAST get some compensation to repair the problems? Oh, and there is mold in the walls of the master bath.
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3/16/2018
Michelle-mod
Michelle-mod, Moderator
Category: Real Estate Law
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Michael Gonzalez
Category: Real Estate Law
Satisfied Customers: 609
Experience: Managing Member at Perez-Mena & Gonzalez, LLC
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Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. This answer is given based on the facts provided above. Contact a local attorney to further discuss these issues. By continuing, you confirm that you understand and agree to these terms.

A seller of residential real estate in Texas must, under state law, disclose what the seller knows about the condition of the property. This includes conditions known to the seller that would not be discovered by the purchaser making reasonable investigation of the property. A seller bears the responsibility of being truthful in making these disclosures.

Regardless if the realtor represented you or the seller, an agent’s duty of disclosure to his principal must not be confused with a real estate broker’s duty to disclose to non-principals any known material facts concerning the value of the property. This duty to disclose known material facts is based upon a real estate broker’s duty to treat all persons honestly and fairly.This duty of honesty and fairness does not depend on the existence of an agency relationship.

Based on the above, you may have a cause of action against the realtor and/or the seller for not disclosing the sewer issue. Please consult a local real estate attorney to protect your rights and interests.

Michael Gonzalez
Category: Real Estate Law
Satisfied Customers: 609
Experience: Managing Member at Perez-Mena & Gonzalez, LLC
Verified
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