What to do if we purchased a home to find out that it contains a grinder pump sewage system that was not disclosed on the seller’s disclosure?

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What to do if we purchased a home to find out that it contains a grinder pump sewage system that was not disclosed on the seller’s disclosure?

Inspector was not made aware during inspection and it is not something that is accessible and or visible/obvious. Failure to disclose this resulted in us having to purchase a new one to the tune of $5000. What are my options to get this reimbursed by seller? I have been told I do not have to prove they knew about it and claim this under deceptive trade practices which would get my atty fees paid for by seller too. If I can prove they knew about it then that clearly helps. I could make some argument that they would have to be blind to not to know, which might help too.

Asked on October 23, 2012 under Real Estate Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

Under the laws of all states in this country the seller of a home has an affirmative obligation to disclose all known issues that affect price paid or desirability to a willing buyer. If the seller of the property knew that there was a grinder pump sewage system and such was not operating, the seller had an obligation to disclose this material fact to you and would be responsible for the costs of repairs.

The unfair deceptive practices act most likely will not help you regarding the purchase of the home because such act pertains to consumer goods not homes. I suggest that you consult further with a real estate attorney to assist you in your matter.


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