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False information on listing and documents.

Discussion in 'Other Ownership, Use & Privacy Issues' started by Ffaws, Oct 30, 2017.

  1. Ffaws

    Ffaws Law Topic Starter New Member

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    My wife and I bought a house almost four years ago. The MLS listing stated the house was on City Sewer, and come to find out its on a septic tank. Damage occured to our house, missed time at work, payed for hotels, clean ups, and much more. We have documents that show it was sold to us with the assumption of it being on sewer. Is this a possible case?
     
  2. ElleMD

    ElleMD Well-Known Member

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    Case against who? For what? How would septic vs. sewer make on iota of difference? How would you have no idea you were on septic and not sewer, advertisement for the house aside? Were you paying a municipal sewer bill? Did you have a home inspection? Read through all the disclosures when you purchased the house?
     
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  3. Ffaws

    Ffaws Law Topic Starter New Member

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    The house is listed as sewer. The iota would be that you have certain things you have to do and can't do for septic that is not needed for sewer. Also we wouldn't have purchased it knowing that.The house was inspected, and was still said to be on sewer. Probably the reason we wouldn't know.
     
  4. zddoodah

    zddoodah Well-Known Member

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    "Come to find out" when? This should have been stated on the inspection report you received. What about the required disclosure forms? What did they say?

    What does this have to do with the sewer/septic issue?

    Documents such as what? Anything beyond the MLS listing?

    In the abstract, virtually anything is possible.

    So...you had a licensed real estate inspector do an inspection and he/she missed that the house was not on the sewer system and was, instead, on a septic tank? Depending on whatever waiver you signed with the inspector, it sounds like you may have a viable claim against the inspector. That said, you told us you bought the home "almost four years ago." When did you discover the septic tank. Hard to believe you could go "almost four years" without noticing.
     
  5. ElleMD

    ElleMD Well-Known Member

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    Your home inspector reported that it was on sewer and not septic? If so, you *might* have a case against the inspector. There are a whole lot of variables at play. How long ago did all this happen? Was it determined that lack of maintenance by you was the reason fr the back up? It seems rather incredible that you would have no idea you had a septic system and not public sewer if you lived there for 4 years. It also seems incredible that if this was indeed a deal breaker for you, you would have relied only on the ad for the house on MLS and not verified this at any point in the purchase process. Have you read the sales contact and disclosures on the home? 9 times in 10, those would have included the type of waste system.
     
  6. Ffaws

    Ffaws Law Topic Starter New Member

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    The house was on the market for two and a half years before we purchased it. Our real estate agent and the listing agent on the house both had an inspector come out. Our closing documents state sanitary sewer not septic tank. We found out by coming home and our house was flooded with poo water. I called a plumber out thinking there was clog. They got their snake stuck and thats how we found out about the tank. I know it sounds crazy but we had no idea.
     
  7. hrforme

    hrforme Active Member

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    Nowhere on the side of your house/backyard did you have a red light and a concrete box? Along with what would look like a manhole cover possibly plastic? Did your lot plan not show a septic drain field ?

    It just seems like there are so many different places that this should've been caught along the way – – especially over a four-year period.
     
  8. Ffaws

    Ffaws Law Topic Starter New Member

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    No.. like I said when I bought it I
     
  9. Ffaws

    Ffaws Law Topic Starter New Member

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    No. Look.. I'll post on pic of where my tank was.
     

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  10. mightymoose

    mightymoose Moderator

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    An inaccuracy in an MLS listing is hardly something worthy of taking legal action over. As noted above, much more significant are the inspections and documents you were provided at the time of sale.
    Imagine if MLS indicated it was a 4 bedroom house but it turned out it was only 3. Would you see that as actionable or would you expect the buyer to notice the discrepancy?
    The MLS listing really has nothing to do with it.
     
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  11. hrforme

    hrforme Active Member

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    I am very sure that they have a disclaimer such as this: *Bold underline is added by me

    "All information provided is deemed reliable but is not guaranteed and should be independently verified. School assignments are subject to change. Please consult with the appropriate school system for student assignment.

    The data relating to real estate on this Web site derive in part from the () Multiple Listing Services, Inc. () program. Brokers make an effort to deliver accurate information, but buyers should independently verify any information on which they will rely in a transaction. All properties are subject to prior sale, change or withdrawal. Neither () Company nor any listing broker shall be responsible for any typographical errors, misinformation, or misprints, and they shall be held totally harmless from any damages arising from reliance upon this data. This data is provided exclusively for consumers' personal, non-commercial use and may not be used for any purpose other than to identify prospective properties they may be interested in purchasing. © 2017 () Multiple Listing Services, Inc."
     
  12. ElleMD

    ElleMD Well-Known Member

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    So you were paying a sewer bill every month? None of the home inspections covered this? Who did you specifically ask about the sewer system? You have an expert opinion that this back up was the direct result of not performing necessary maintenance (not all septic systems require regular maintenance)?
     
  13. Disabled Vet

    Disabled Vet Active Member

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    How big is the back yard? Most septic tanks require a finger system. I moved into a house that has a septic tank. Yet it's on public sewer. House black water drains into the septic tank. Once it fills then black water drains into a holding pit ( maybe 10 gals ) then once it starts to fill it triggers a float which turns on a pump. Then its pumped to the city sewer line. The key for me was the city wanted all 8 homes on the city sewer line. So they agreed to pump out the septic tank when needed or every 5 years. They are to fix or replace the pump if it goes bad. Mine has been replaced 2 times in 7 years. Since city workers don't like getting their hands dirty they pump out the septic tank first then replace the pump. For me its a good deal...
     
  14. zddoodah

    zddoodah Well-Known Member

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    Maybe I've missed it, but you don't seem to have answered the question of when you discovered the existence of the septic tank. That's important.

    I suspect that the conduct of an inspection (or maybe two?) will negate any claim against the seller. However, you might have a claim against the inspector who missed this. One would have to read the inspection report to know for sure. Consult with a local attorney for a thorough review of the facts and advice.
     

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