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  #1  
Old 12-19-2006, 01:00 PM
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Join Date: Dec 2006
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Angry

Lied on full disclosure


What is the name of your state? Ct.
I bought a condo and the previous owner did not disclose that there was a sewer problem in the building that I am in.(sewage backs up into basement)
For the question about sewer she answered no.
Apparently this has been a problem since the building was built.
Should the owner or association have informed me of this ongoing problem so that I could have made an informed decision on buying this property?
What are my options if any!!!!

Last edited by cjduval271; 12-19-2006 at 02:15 PM.
  #2  
Old 12-19-2006, 03:33 PM
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Join Date: Feb 2002
Posts: 517
A. A lie on the Property Condition disclosure report is actionable. Can you prove the seller knew about the sewer problem?

B. The seller was also required to provide you with the declaration, bylaws, rules and regs and a resale certificate. The resale certificate should have included any capital expenditures in excess of $1,000 approved by the board over the current and next fiscal year, the current operating budget and the amount of reserves. If this is something the Association was ignoring, it may not show up in the resale certificate.
  #3  
Old 12-20-2006, 08:08 AM
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Join Date: Dec 2006
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Unhappy

From information that I have obtained from neighbors that live in my building this sewage line problem has been there since the building was built in 1973. They have been having the lines in the building snaked about every 4 months or so too prevent backups but its not working I had my unit done(snaked out) on a Thursday and my next door neighbors had a back up through their washer the following Saturday(2 days).
The Association neglected to inform me as the prospective buyer of the unit that I would have to allow manditory cleanouts of my unit. I was given bylaws and budgets (nothing specific) a non-investor affidavid to complete and return. But nothing that mentioned the problem in the building where the unit that I was going to purchase is.
Were they both responsible to inform me? Or was it the sellers responsibilty
The seller owned my unit for 13 years. I'm sure that she was very aware of the situation and decided not to disclose the problem on the Uniform Property Conditions Act Disclosure Report.
Is there some legal action I can take against both parties for not allowing me as the consumer to make an informed decision on the purchase of the unit?
Desperate for help.

Last edited by cjduval271; 12-20-2006 at 09:18 AM.
  #4  
Old 12-20-2006, 09:15 AM
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Join Date: Feb 2002
Posts: 517
Your best case is against the seller. You can sue based on a lie on the CT Disclosure form. Be prepared to show evidence that the seller knew of the problem, yet checked the box stating that there was not a problem. (ie. Did the seller have to give access to workmen to snake out the septic line? Was the problem reported in an HOA newsletter? Does it show up in the HOA budget? Did the Association send out a letter to unit owners?) You get the idea. The best evidence is a "smoking gun" showing that the seller definitely knew about the problem. Now, where is the seller now? In CT I hope. Finally, what are your damages? If over the small claims limit, consult an attorney.
  #5  
Old 12-20-2006, 10:22 AM
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Join Date: Dec 2006
Posts: 3
Seller is living in the same town.... Was the Association also at fault..... My daughter and I cleaned the basement with gallons of bleach and both felt sick for a few days. We cleaned because when I asked the President of the Association who was going to clean the sewage she said" you clean it, use bleach and hot water or you can pay to have it cleaned". I'll have to get a new washer.
Always a letter put in your door telling you when the plumber is coming and access must be permitted.
My neighbor gave me a copy of a letter sent out by the Association dated Oct, 1987 stating that if an ownerin building #6 is selling their unit they should inform the buyer of the maintainence program (thats what they call it) of their unit.
I was sold a condo that has a very big issue I fell I already lost money the day the papers were signed what re-sale value do I have with this problem, It has caused me a great deal of stress I've had to take time off from work to let the plumber in, I'm always affraid that I could have a backup when I'm not home.
For being a first time homeowner I feel that I was taken advantage of. If I decide to sell I will have to tell the truth and I could loose money overthis entire situation, I would not be able to lie.
Can I take her to civil court and sue?

Last edited by cjduval271; 12-20-2006 at 11:50 AM.
  #6  
Old 12-20-2006, 10:40 AM
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Posts: 17,799
Take all your evidence to an attorney and ask, also rememeber a part of this would be who to sue and whether or not a potential judgement can be collected. You might also check the records at the courthouse for other lawsuits against the potential defendents before you consult an attorney.
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