False Seller's Disclosure Statement

[crlgml]

What is the name of your state (only U.S. law)? Missouri
We bought our home 08/01/2006. We moved from a large city where we were on public water/sewer. Our new home has it's own septic system. We had the home inspected, including an inspection of the septic system. We have never had a private septic system before. The buyer completed a Seller's Disclosure Statement for us stating the system was last serviced in 06/2005 AND checked the box that HE WAS NOT "aware of any leaks, backups or other problems relating to the sewage system.
Since we have moved in, the yard where the lateral lines are has been consistently wet. It has not been totally dry since we moved in. We have had the tank pumped 3 times in the past 1 1/2 years. Now, we have received a notice from our HOA that we have septic issues. We also called the county we reside in and asked them to check the water in the yard. We have a septic issue. Now, we have received a citation from the county and have 90 days to get the problem fixed.
We just found out the previous owner knew about the septic issues. He had the tank pumped from the same company we are using. He had the tank pumped once a month for 3 months before the house was put up for sale, obviously to dry out the yard. I have the dates. The previous owner also told the man that pumped the tank that he was planning on replacing the lateral lines and at some point dug up the yard himself.
IS HE RESPONSIBLE FOR NOT DISCLOSING ALL THIS INFORMATION TO US IN THE SELLER'S DISCLOSURE STATEMENT? We are now faced with the issue of replacing the lateral lines ourself, at our cost. We believe he is responsible and knowingly gave false information on the Disclosure Statement. We bought our home in good faith and knew NONE of this information when we bought the house.
Thank you for any advise/information you can provide.

 

[HomeGuru]

What is the name of your state (only U.S. law)? Missouri
We bought our home 08/01/2006. We moved from a large city where we were on public water/sewer. Our new home has it's own septic system. We had the home inspected, including an inspection of the septic system. We have never had a private septic system before. The buyer completed a Seller's Disclosure Statement for us stating the system was last serviced in 06/2005 AND checked the box that HE WAS NOT "aware of any leaks, backups or other problems relating to the sewage system.
Since we have moved in, the yard where the lateral lines are has been consistently wet. It has not been totally dry since we moved in. We have had the tank pumped 3 times in the past 1 1/2 years. Now, we have received a notice from our HOA that we have septic issues. We also called the county we reside in and asked them to check the water in the yard. We have a septic issue. Now, we have received a citation from the county and have 90 days to get the problem fixed.
We just found out the previous owner knew about the septic issues. He had the tank pumped from the same company we are using. He had the tank pumped once a month for 3 months before the house was put up for sale, obviously to dry out the yard. I have the dates. The previous owner also told the man that pumped the tank that he was planning on replacing the lateral lines and at some point dug up the yard himself.
IS HE RESPONSIBLE FOR NOT DISCLOSING ALL THIS INFORMATION TO US IN THE SELLER'S DISCLOSURE STATEMENT? We are now faced with the issue of replacing the lateral lines ourself, at our cost. We believe he is responsible and knowingly gave false information on the Disclosure Statement. We bought our home in good faith and knew NONE of this information when we bought the house.
Thank you for any advise/information you can provide.

**A: I thought you were the Buyer? Where is your Realtor?

 

[crlgml]

We ARE the buyers. We bought the house from the seller who did not truthfully answer questions concerning the septic system asked on the Seller's Disclosure Statement HE filled out. The Seller's Disclosure Statement states that if the seller provides false information about the home he is selling, then he will be held legally responsible, even after the closing of the house. It also states the Realtor is not responsible.
Is there something you did not understand in my initial post?

 

[PghREA]

This is what Homeguru didn't understand.


"The buyer completed a Seller's Disclosure Statement for us stating the system was last serviced in 06/2005 AND checked the box that HE WAS NOT "aware of any leaks, backups or other problems relating to the sewage system." from original post


The Seller's Disclosure Statement states that if the seller provides false information about the home he is selling, then he will be held legally responsible, even after the closing of the house. It also states the Realtor is not responsible. From 2nd post.

Contact your Realtor to find out how to proceed.

 

[crlgml]

Oh dang, my bad! Yes, I meant the SELLER. I did contact my Realtor and his. They are not responsible for his false statements. On another note, we found out that the SELLER had the tank pumped once a month for three months, AND he also had an open and repair done on the lines ONE year almost to the day that we purchased the house. This was not disclosed in the Seller's Disclosure Statement, either.
Does anyone at all know if we have a legal leg to stand on in this matter??? All we want is for him to fix the problem. Nothing more, nothing less. My husband has called and left messages with a couple local attorneys in the area explaining our situation. No one has called as back yet. The county is being very cooperative with us. But, with that said, we still have 90 days to fix the problem. Help...?!? Suggestion...?!? Anyone...?!?

 

[PghREA]

I did contact my Realtor and his. They are not responsible for his false statements.


No, the Realtors are not responsible for the seller's false statements.

However, reread your sales contract - especially the part about mediation. You may have an opportunity to mediate over the septic issue. This is what I meant by checking with your Realtor. Mediation/arbitration is faster and cheaper than going the attorney route.
Your Realtor or his broker should be able to advise you on this.

 

[HomeGuru]

Oh dang, my bad! Yes, I meant the SELLER. I did contact my Realtor and his. They are not responsible for his false statements. On another note, we found out that the SELLER had the tank pumped once a month for three months, AND he also had an open and repair done on the lines ONE year almost to the day that we purchased the house. This was not disclosed in the Seller's Disclosure Statement, either.
Does anyone at all know if we have a legal leg to stand on in this matter??? All we want is for him to fix the problem. Nothing more, nothing less. My husband has called and left messages with a couple local attorneys in the area explaining our situation. No one has called as back yet. The county is being very cooperative with us. But, with that said, we still have 90 days to fix the problem. Help...?!? Suggestion...?!? Anyone...?!?

**A: you have a claim against the Seller and his/her Realtor.

 

[crlgml]

Thank you for your help. Now, to find an attorney...

 

[TIMMAAYY]

Unless the real estate agent withheld specific knowledge and you can prove it, you don't have a case against the real estate agent. They are not liable for any information on a disclosure statement, period. When I was listing homes I wouldn't even stay in the room while they filled it out. It has nothing to do with the real estate agent's knowledge of the property and it's condition.