Property Disclosure

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Property Disclosure

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

Answers:

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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