Recourses available for disclaimer purchase

What is the name of your state? Oregon

I closed on my new old home April 20th. The sellers signed a disclaimer as part of the transaction. The home was inspected with minor findings, not relevant to this matter. On May 1st I discovered a dead rat in the backyard, most likely at the hands of the dog. I thoroughly inspected the yard to find a source of the rat and discovered a hole on the fence line. I am 95% certain the hole was new as I had been working back there recently and did not notice the hole about the size of a soda can. There are 3 very large piles of dirt inches to about a yard away from the hole. The seller represented that the piles were leftover from yard projects, though the two “projects” I have found would create nowhere near the magnitude of dirt included in these piles.

The city has determined the hole was caused by a break in the sewer line that will need to be repaired at my expense. I am not certain the homeowner new about the break, though the dirt piles are becoming increasingly suspicious. My questions are:

1. Did the seller have the duty to disclose?
2. Do I have any recourse against the seller?
3. Does the disclaimer affect my rights?
4. What steps are the next steps?

I’d appreciate any thoughts on similar experiences/legal rights/etc. Thanks much for any help.

Carrie

[HomeGuru]

Originally Posted by Couglette

What is the name of your state? Oregon

I closed on my new old home April 20th. The sellers signed a disclaimer as part of the transaction. The home was inspected with minor findings, not relevant to this matter. On May 1st I discovered a dead rat in the backyard, most likely at the hands of the dog. I thoroughly inspected the yard to find a source of the rat and discovered a hole on the fence line. I am 95% certain the hole was new as I had been working back there recently and did not notice the hole about the size of a soda can. There are 3 very large piles of dirt inches to about a yard away from the hole. The seller represented that the piles were leftover from yard projects, though the two “projects” I have found would create nowhere near the magnitude of dirt included in these piles.

The city has determined the hole was caused by a break in the sewer line that will need to be repaired at my expense. I am not certain the homeowner new about the break, though the dirt piles are becoming increasingly suspicious. My questions are:

1. Did the seller have the duty to disclose?
2. Do I have any recourse against the seller?
3. Does the disclaimer affect my rights?
4. What steps are the next steps?

I’d appreciate any thoughts on similar experiences/legal rights/etc. Thanks much for any help.

Carrie

**A: you need to take your paperwork to a real estate attorney for review.