Legal Question in Consumer Law in Indiana

I purchased a home in Mooresville, In. 6 months ago. House was inspected by inspector of my choosing. inspector claims there is problem with septic system and says it should be tested by a septic expert. The seller and myself agree that prior to closing, the septic system will be repaired and inspected by a professional. Seems to go well, we are given the inspection report which is written up by a licensed and insured septic professional. Report reads that property is equipped with two 1000 gallon tanks and finger system and is in good working condition. We are satisfied and close on our home. A few weeks ago we begin smelling an odor in the house and call a plumber. The plumber informs us that sewage is backed up and is leaking into the crawlspace from some bad plumbing which was also on the list to be fixed before closing,but was not. Plumber searches for our septic system and can only find an outdated cesspool (basically a pit where raw sewage is pumped to). We have no septic system!! The plumber calls the septic inspector who wrote the report and finds out that he is a friend of the former owner of the house and that he never checked anything. He says he was assured by the owner that he had fixed the problems himself and now he just needed the paperwork saying that it is in working condition to satisfy me so we could close on the house. In short, I paid for a house with a working septic system and did not get what I paid for. I am concerned for the health of my family as I have sewage running out into my yard not far from my well. I am pissed and want to know who to sue???


Asked on 1/09/11, 10:04 pm

1 Answer from Attorneys
Burton Padove Indiana and Illinois Lawyer, Burton A. Padove

Hire an attorney and sue the former owner and the septic inspector. Before doing so, obtain a written affidavit or report from the plumber as to what was said and a quote from another licensed septic professional for repair. ( Do not mention the misdeeds of the other professional or former owner as you never know who knows who in a small community). I would also look on Facebook and Myspace to see whether the septic inspector and former owner are friends and made any interesting comments about your transaction. You may also want to look at Classmates or Reunion to see whether they went to the same schools and have been long time acquaintances.

Good luck.

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Answered on 1/22/11, 5:47 am


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