Jun 11, 2012 · With respect to the real property that you presumably purchased and you have now discovered that there is a septic issue with the unit, the type of attorney needed is one who has experience in real estate and construction matters including permit …
Apr 12, 2015 · It sounds like you had some material nondisclosures and/or misrepresentations. This may be a basis to go after both the owner and realtor. You need to consult with a real estate attorney who does litigation and get direct advice on this. You can find someone under the Find a …
Dec 20, 2017 · Real estate disclosure laws differ from state to state, but in most places in the U.S., sellers are required to disclose info to a prospective buyer that could affect the property value.
Dec 29, 2015 · However, if someone told you the house was on a sewer system and you relied on that representation, you may be able to sue the person who told you about the sewer for misrepresentation. Rather than seeking generic advice from an online forum, you should consult an experienced real estate lawyer in your area... Helpful Unhelpful 1 comment
The buyer is entitled to rely on that disclosure statement in buying a home. And, if a seller lies, the buyer is entitled to go after the seller for damages sustained because of an omission in the disclosure statement given to the buyer.Aug 28, 2017
You may be able to claim damages from a Texas seller who failed to disclose a home defect -- or even rescind the sale altogether. Yes, you can sue a home seller for undisclosed defects in a single-family residence in Texas.
Yes, you can sue the seller for not disclosing defects if your attorney can prove that the seller knew about the defect and intentionally failed to disclose it. Unfortunately, many sellers know about defects.Feb 1, 2021
The simple answer is that, yes, you can sell your home with a failed septic system—unless you're forbidden by local law. Most often, though, the roadblock isn't legal but rather financial. Home buyers rely on financing to close on a home, but many lenders won't approve a loan for a house with a failed septic system.Jun 24, 2020
Normally a buyer would have six years in which to bring a claim against you, although in certain situations it could be three years from when the buyer becomes aware of a problem.
If the buyer pulls out of the sale after contracts were exchanged, you can sue them for any loss this causes you and you may be able to keep the deposit. You will need to get legal advice.
In the well publicized case of Easton v. Strassburger,' a California Court of Appeal held that a listing agent2 has a duty to conduct a rea- sonably competent inspection of residential property listed for sale, and to disclose to prospective purchasers all material facts that such an investigation would reveal.Mar 15, 1987
The Difference Between Patent and Latent Construction Defects. While patent defects are obvious and are typically discovered during an inspection of the property, latent defects are hidden.
Latent defects are defined as material defects in real property or an improvement to real property that: (a) a buyer would not reasonably be expected to ascertain or observe by a careful visual inspection of the property; and (b) would pose a direct threat to the health or safety of the buyer or an invitee or occupant ...
Most septic systems fail because of inappropriate design or poor maintenance. Some soil-based systems (those with a drain field) are installed at sites with inadequate or inappropriate soils, excessive slopes, or high ground water tables.Mar 21, 2022
Like building and pest inspections, the cost of septic inspections are shouldered by the buyer in question. While specific costs will depend on your location and chosen inspection level, most buyers can expect to pay between $260 and $420 for a septic inspection by a licensed septic technician.Mar 30, 2022
Drainfield has failed. Wet, soggy areas may develop above or near the drainfield and you may see spongy bright green grass over the area. There may also be odors near the tank or drainfield. This could be the end of life for this component of your septic system.
Real estate disclosure laws differ from state to state, but in most places in the U.S., sellers are required to disclose info to a prospective buye...
If the seller fails to disclose information about the house but you haven't yet signed on the dotted line, you may be able to cancel the purchase....
Things get more complicated if you buy the property. That's when you may land in a courtroom, but a lawsuit could still be avoided, says Zuetel."Th...
It sounds like you had some material nondisclosures and/or misrepresentations. This may be a basis to go after both the owner and realtor. You need to consult with a real estate attorney who does litigation and get direct advice on this. You can find someone under the Find a Lawyer tab.
As stated in the prior answers you need to contact an attorney. I believe you have some good reasons to seek relief. Best of luck.
Real estate disclosure laws differ from state to state, but in most places in the U.S., sellers are required to disclose info to a prospective buyer that could affect the property value. That could be anything from a termite infestation to a property line dispute with a neighbor.
If the seller fails to disclose information about the house but you haven’t yet signed on the dotted line, you may be able to cancel the purchase. Canceling the purchase could be a lot less costly and time-consuming than suing the seller.
Things get more complicated if you buy the property. That’s when you may land in a courtroom, but a lawsuit could still be avoided, says Zuetel.
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A seller has a duty to disclose any known material defects in residential property that they are selling. The seller has to have actual knowledge of a defect. You cannot win by saying the seller "should have known." In addition, it is arguable that being on a septic system rather than a public sewer is not a material defect.
I believe this question was asked already. It depends really. I dont know is not a disclosure or nondisclosure; but the person never lived there so has no idea. It's a much tougher thing to prove seller knew if he/she never lived there, or perhaps only owned the house out of foreclosure for a few months (flipped it).
Both of my colleagues offered great advice. I agree with their assessment. The basis to hold the seller responsible is for a material defect, which the difference between county/septic is not necessarily a material defect.
Finally, if a seller does disclose some aspect of a defect, it is then up to the buyer to make a full inquiry and inspection of that defect. For example, say a seller discloses there is some water damage to the house. After purchasing the property, the buyer discovers that the water damage is extensive.
Generally, any individual selling their house to another individual has to provide a seller disclosure statement. In that seller disclosure form, the seller must answer questions and disclose whether there are any defects with the property covering the following topics: Legal title/ownership of the property. Water.
So, what should someone do when they are buying a house? There are a few easy tips buyers can follow to avoid major problems after purchasing a property: 1 Always get a seller disclosure statement and review it carefully. If you have any questions about any answers, ask the seller for more details. 2 Get a home inspection. Home inspectors are not perfect, but they can catch many things of concern that a general lay person would not catch. 3 If any defects are disclosed by the seller or by the home inspection, fully investigate those defects to your satisfaction before closing the purchase. If you are told or learn about a defect, you cannot hold the seller liable.
First, what obligation does a seller have to disclose defects in a house to a buyer? In Washington, there is a law that requires sellers to fill out and give the buyer a “seller disclosure statement.” That law can be found in chapter 64.06 RCW. There are some limited exceptions. Generally, any individual selling their house to another individual has to provide a seller disclosure statement.
Environmental concerns. There are specific, detailed questions that must be answered in each category. If there are defects identified in the answer to any question, the seller must explain the answer and attach relevant documents.
Buying a house can be stressful. It also comes with a lot of unknowns. Buyers do not get many opportunities to inspect a house before buying it. So, there is risk that once you buy a home you will discover problems you did not know about. When people discover problems with a home they bought, they often want to know if they can sue ...
You usually need to file a claim within a short amount of time after your accident or injury—30 to 180 days in most cases. What do you need to include in the claim (also called ...
If you think that a local government entity (or a government employee) is to blame for an accident, you don't need to hire a special kind of lawyer in order to bring a legal claim. You're most likely looking for a personal injury lawyer who represents people who have been injured as a result of someone else's negligence.
Types of Attorney Malpractice 1 Negligence. To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy. Negligence happens when the attorney makes mistakes that other attorneys normally would not. 2 Breach of duty. This kind of malpractice happens when the lawyer violates his or her responsibilities to you by settling the case without your approval, not preparing the case for trial, lying to you, abandoning your case, misusing funds you provided for court costs, or misusing funds owed to you (such as a settlement amount). The attorney has not done what other attorneys would do in this type of case. 3 Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.
When you hire an attorney, you do so with trust and confidence. Most attorneys are upstanding and do a good job for their clients. Unfortunately, there are also some bad eggs out there. If your attorney has done something wrong, you may want to consider suing a lawyer for malpractice.
To sue lawyer for negligence, you need to be able to prove the attorney didn't use the proper care in your case and missed a deadline, filed the wrong papers, didn't comply with court orders, or made other errors that were not intentional but were sloppy.
When suing an attorney for legal malpractice, you will need to show that the attorney did not use the ordinary amount of skill and care that most attorneys use in similar situations.
The attorney could be disbarred or directed to pay you compensation. If you are disputing a fee with your lawyer, the state also likely has a fee dispute committee that can help you obtain an out-of-court resolution. You can hire another attorney to complete or fix your case and obtain the outcome you need.
Breach of contract. This occurs when an attorney fails to do something he or she agreed to in your contract, such as filing your deed or patent. If the lawyer promised to do something he or she was contractually obligated to do and didn't do it, you have grounds for breach of contract.
Yes, there are numerous defenses available that an individual can present against a nuisance lawsuit for the emission of noises, light, or odors. Examples include: The activity is lawful or reasonable; The injured neighbor came to the noise, light, or odor emission that already existed;
Yes, it is essential to have the assistance of an experienced property attorney for help with a nuisance from a neighbor’s noise, light, or odor emission. If you are being affected by your neighbor’s emissions, an attorney can help you sue your neighbor and get the nuisance to stop. If you are being sued by your neighbor for a nuisance, ...
A nuisance is the unreasonable, unlawful, or unusual use of an individual’s land which substantially interferes with another property owner’s right to enjoy their own property. Nuisance may include: Noxious smells; Loud noises;
In these situations, the city attorney or town counsel may help an individual bring an action against their neighbor. If an individual lives in a condominium, cooperative, or a planned community, the unreasonable conduct may be prohibited by the bylaws or regulations of that community.
In some situations, a landowner’s emission of noises, lights, or odors can expose them to liability to their neighbors. In addition, some nuisance issues may be criminal. If the individual is renting their residence, nuisance may be grounds for an eviction if the tenant is the responsible party.
A public nuisance is a type of nuisance that affects several members of the public, for example, when noxious fumes are emitted from a factory. A private nuisance only affects a limited number of individuals, such as constant loud music which affects the individual’s neighbors. Or, another common example might be a neighbor ...
There are situations in which an individual may be liable for noise, light, or odor emissions. In general, to prove a nuisance involving a neighbor’s noise, light, or odor emissions, an individual will have to show that: Their neighbor is emitting noise, light, or an odor from their land; Their neighbor’s action unreasonably interferes with ...