What are my rights if I just found out my house is on septic and I need to be conected to city sewer and this was never disclosed at time of sale?

According to the city, the seller was to pay to have the house connected to sewer next month, for a cost of $8,000. We had always thought we were on sewer. I contacted both realtor companies who stated the statue of limitations is up. But according to my information new discoveries are good for 10 years. How do I go about getting my money back?

Asked on December 12, 2011 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you immediately consult with a real estate attorney about your situation as to whether you have a viable claim assuming the statute of limitations do not bar your claim.

Assuming the seller of the property knew before the sale of the property to you was required to have sewer hook up to be paid by the property owner, this material fact should have been disclosed to you before close of escrow. Assuming your claim is not time barred and you can establish liability of the seller, your damages would be the costs for the hook up or the diminution in value of the property at close, whichever is the lesser.

In most real estate cases, depending upon the theory of recovery at most the statute of limitations to bring a lawsuit usually at the longest is 4 years after close of escrow.

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