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What can be done if a seller did not disclose that part of the house is connected to an illegal septic tank?
Asked on June 17, 2019 under Real Estate Law, Indiana
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 1 year ago | Contributor
You can sue the seller based on "fraud"--for a misrepresentation (by failing to disclose) a material or important condition. You can the seller for the cost to remove the tank since it is illegal, to connect properly to town sewer (or install a legal septic system), and to remediate any damage down to landscaping, etc. damage done in the process. Sellers have a legal obligation to disclose issues like this; failure to do so is fraud.
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