Legal Question in Real Estate Law in Georgia

I just purchased a home. With in the first 2 months I have had to replace the septic system. It has cost over 5,000. Should the seller have disclosed the problem before selling the house? Can I sue them for the repair cost.?

Asked on 12/03/12, 11:25 am

2 Answers from Attorneys

Deborah Reece Reece Law Firm, LLC

The answer to your question depends on a few factors. Did you purchase the home "as-is", did you get a home warranty, did the seller provide a property disclosure, did you have the property inspected by a home inspector prior o purchase? Without knowing these facts or reviewing the purchase agreement I am unable to directly answer the question. Maybe one of my colleagues will be able to provide some insight.

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Answered on 12/03/12, 11:32 am
Robert Thompson J. Robert Thompson Attorney

As Ms Reece said, without knowing all the circumstances of the sale, it is not possible to give a definitive answer. That being said (and assuming you have not waived or limited your rights by contract), the key point which you will have to prove is that the seller knew of the problem before the sale. Accordingly, pin down the contractor who repaired the septic system as to whether the problem existed before the sale, and was evident enough to charge the seller with knowledge.

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Answered on 12/03/12, 12:01 pm


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