Legal Question in Real Estate Law in New York

new septic system

My grandparents deeded thier home to my parents several years back (20+), my grandparents remained in the home until they passed. My father passed and my mother deeded the home to my brother who deeded it to me. I found the septic system was not properly hooked up. After having it looked it was determined the field lines all had to be replaced and new pipe had to be run from the tank to the lines. All in all $6k. My wife believes that my brother and mother should be responsible for paying for the repair since apparently my brother and father knew of the problem. What are the legal ramifications? Are either of them liable for the repairs or is it our responsibility? Thanks for your time.


Asked on 3/19/09, 2:29 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: new septic system

It may depend on whether the property is in Florida or New York. I don't know anything about New York law, but under Florida law, if you were given the property without a warranty, you're stuck with the bill. Had they sold you the property, it would be different. Had your brother sold you a Florida property without disclosing a defect he was aware of, he could be liable.

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Answered on 3/20/09, 11:22 am


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