Discovered major undisclosed damage after signing and moving in

[huntgoddess]

What is the name of your state (only U.S. law)? New Mexico

I bought a home about three weeks ago and almost immediately realized (due to a sewer clean-out leaking onto front porch) that the sewer line was not functioning. I tried known remedies (snaking and having the city check their section of the main line) and, when neither worked, hired a plumber. They were able to do a more aggressive job and show me extensive root development in my sewer line, indicating a long standing break in the pipe. The cost for necessary full replacement was $4200 + tax. I had to get an emergency bank loan just to cover it.

The plot thickened when the last renter of the property, prior to its being listed, came onto my porch as the work was being done. He told me outright that the seller/landlord knew about this issue. The renter had been calling a plumber out every two months to keep it clear and, according to him, the seller/landlord refused to do the major work needed after the renter got him a quote for the cost.

I have combed back over the disclosure document and it seems that the line reading "Have there been any problems with the sewer/ septic system?" was left completely blank where everything else was filled out "yes" "no" "don't know" or "N/A". More than suspicious, especially since I found a plumber who confirmed doing almost identical aggressive management work for the owner, at this address, 6 years ago. I was even provided a copy of the receipt.

Also, the property inspector didn't catch this issue. His report read that the sewer line "seems serviceable". I have seem other forums here that lead me to think I should take him to task a bit.

My realtor has been trying to negotiate with the sellers realtor to get me compensation but we have gotten no reply. I am well aware that no one really needs resolution more than myself so I doubt if this avenue will yield much.

This is too big to leave undone. Any thoughts on next steps?

 

[FarmerJ]

Unless you required the inspector to arrange for sewer line inspection you cant really fault the regular inspection you had, if the water was turned on and he /she ran some water and every thing went down the drains as it was supposed to write ? they noted what appeared to be true > "seems serviceable". < Now as to the former tenant that was cool of them to tell you but I gotta tell you , your the one who could have caught the un marked area in the disclosure form and pushed them to fill it out right there on the spot then they would have marked it truthfully ill lay odds since lying about it could have bit them back. Your truly free to use the links above and speak to a Attorney who can give you advice based on your states laws but with that one area not marked I don't think you will get very far with out spending a lot in legal fees wich in the end might make it not worth it

 

[FlyingRon]

As pointed out most general home inspections are by and large worthless because even a knowledgeable inspector can't find non-obvious defects and most of the industry are complete know-nothing idiots. At best it gives you some bargaining / backout room on that contingency.

I presume this is a public sewer (a onsite septic would have been required by New Mexico law to have a specific inspection). Just because they had a problem six years ago and had it fixed doesn't mean they knew they had a problem when they made the disclosure. Understand that realtor form is NOT the law in your state. The seller is not under any obligation to disclose the defect and apparently the failure to answer the question should be taken on face value. If they had said NO and they knew otherwise you might have a case.