What can we do if we had to replace our sewer line days after moving in due to a bad line and there is evidence of the seller’s prior knowledge?

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What can we do if we had to replace our sewer line days after moving in due to a bad line and there is evidence of the seller’s prior knowledge?

We had to replace the sewer line in our new home. We only took one bath and flushed several times. The line was found to be bellied in several spots and had a root infestation in the line. It was evident that no one could flush solid waste for any time period with that damage. The same company was brought out due to a main line 2 years ago. There was evidence that the line had been dug up and a cheap fix attempted. The seller refused to pay half and instead offered $1500. We are now thinking of suing.

Asked on December 29, 2011 under Real Estate Law, Pennsylvania

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

In every state in this country, the seller of real property is required to disclose all items that are known that could materially affect the price paid or the desirability of the property to a willing buyer. If you can prove that the sellers knew of the sewer line problems of the home they sold you and they did not close this material fact to you before close of escrow (and you had no knowledge of this), you have a claim for concealment (fraud) against the sellers.

Your damages would be the current costs of repairs of the sewer line or the diminution in value of the property at close of escrow (lesser of the two amounts).


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