I recently bought a house, and it was listed on Realtor as having a cesspool. The selling agent and the owner both said it was a permitted cesspool. The owner even showed me the spot where it’s supposed to be, but the lid is buried, so I didn’t dig it up right away. Now that I’m doing some work on the property, I’m starting to think it might not be connected to a cesspool at all but just drains somewhere else on the land. Do I have any options here? Does the seller have to fix this, or am I just out of luck?
Whoa, that sounds shady! Did they say it was ‘as-is’ when you bought it?
Dustin said:
Whoa, that sounds shady! Did they say it was ‘as-is’ when you bought it?
Nope, nothing about ‘as-is.’ They said it had a permitted cesspool, which seems like a big deal if it’s not actually there.
Dustin said:
Whoa, that sounds shady! Did they say it was ‘as-is’ when you bought it?
Sounds like you have grounds to make them pay for repairs if they knowingly misrepresented it!
If they misrepresented the condition, you might have a case. But in a lot of states, ‘caveat emptor’ (buyer beware) applies.
Lane said:
If they misrepresented the condition, you might have a case. But in a lot of states, ‘caveat emptor’ (buyer beware) applies.
Yeah, I get that, but I’m hoping they have some responsibility if they outright lied about it. Fingers crossed.
Lane said:
If they misrepresented the condition, you might have a case. But in a lot of states, ‘caveat emptor’ (buyer beware) applies.
I think in your case, you could argue implied warranties. They probably knew the issue existed but didn’t disclose it.
Did you get it inspected before buying?
Jem said:
Did you get it inspected before buying?
No, I didn’t dig it up since they said it was new and showed me the spot. Wish I had now!
Jem said:
Did you get it inspected before buying?
You could still sue for repairs if they knew about it and covered it up. Maybe get a lawyer involved?
If the cesspool isn’t there, that’s a huge issue! Could make the property unlivable. Maybe try writing a formal demand first?
Benn said:
If the cesspool isn’t there, that’s a huge issue! Could make the property unlivable. Maybe try writing a formal demand first?
Good idea. I might start with a letter and see if they respond before going further.
Benn said:
If the cesspool isn’t there, that’s a huge issue! Could make the property unlivable. Maybe try writing a formal demand first?
Yeah, give it a try! That way, you at least have written proof of reaching out if you end up in court.
Man, dealing with this kind of stuff is the worst. Have you talked to your agent about it?
Bell said:
Man, dealing with this kind of stuff is the worst. Have you talked to your agent about it?
Not yet, but I might. Just wish they’d been more upfront!
Bell said:
Man, dealing with this kind of stuff is the worst. Have you talked to your agent about it?
Definitely loop them in. Agents should back you up, especially if they knew about it.