MLS listing error

[lealcj03]

I bought a foreclosure in 2007. I understood that it was being sold in "AS IS" condition. The MLS listing stated that the house was on City Sewer. My real estate agent also mentioned that is was on City Sewer. I had the house inspected and they stated that it was on City Sewer and included it in their inspection report. I found out the hard way that it was on a septic system. When I called the broker about it, he stated that he could not do anything about it and that he wished they would have caught it sooner.
I had plumbing problems months after I bought the house but had a plumber clear the lines and fix the problem. I had another plumbing issue a few months ago and that is when I investigated my issues further and found the septic tank opening in the carport. Is anyone liable for this error? Is it too late to pursue further action?

CJ

 

[dee_dub]

When I called the broker about it, he stated that he could not do anything about it and that he wished they would have caught it sooner.

Why does he say is cannot do anything about it?

I had plumbing problems months after I bought the house but had a plumber clear the lines and fix the problem. I had another plumbing issue a few months ago and that is when I investigated my issues further and found the septic tank opening in the carport. Is anyone liable for this error? Is it too late to pursue further action?

I don't see why the plumbers would be liable. Unless they were asked to look at whether your house was on city lines or septic tank, or it somehow made some difference to what they were doing and they should have reported it to you, they were just fixing whatever problems you had.

Your agent is probably just going by what the owners had said in their property report and wasn't obliged to make an independent inspection. Really, the fault is with the seller for listing the property incorrectly, and your recourse is against them.

I suspect you are not barred by Indiana's statute of limitations - this is probably an action on a written contract, which has a 10 year limitation period. Talk to a lawyer.