Latent Defects in Plumbing

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Latent Defects in Plumbing

My client closed on her house Nov. 27th 3 weeks after they moved in the
bathtub drains clogged and backed up. She called a plumber and he inspected
her pipes. Tree roots clogged her sewer drains and they cracked. He said to fix
the pipes would cost 3K. The plumber said the tree roots clogged the drain a
long time ago so she would have known about this. Can she sue the seller and
ask them to help with the costs?

Asked on February 21, 2018 under Real Estate Law, Illinois

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

Yes, if there is evidence (as there apparently is) that the seller knew of the latent defect, then the failure to disclose it, in the face of that knoweldge, is fraud. The buyer can sue over fraud, and potentially recover the repair or remediation cost.


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