disclosure vs. old home

[cab713]

State - Georgia

* an ice storm clogged the main sewer line while living in home.
* the county came out, dug up the yard, and fixed the problem and placed clean out in yard.
* in disclosure i stated, "the line from the street to the house was replaced in january 2000."
* moved into new home 3 months before closing.
* during vacancy tree roots clogged the sewer line. this was discovered 1 day before closing.
* professional plumbing service cleaned line, provided documentation that clog was, "tree roots and hair" along with "6 month guaranty on blockage."
* amendment added at closing that i(seller) would pay for carpet cleaning and dry vac along with guaranty provided.
* 1 month later buyer's agent calls to say that the problem has happened again and that the plumber states upon clean out that there was mud in line which indicates broken sewer line. the standard company disclaimer on the invoice states that if the line is broken during clean out that the home owner is responsible for repairs.
* upon further review, the county did not replace the sewer line to the house, merely part of it, and cleared the rest.
* buyer is now asking to be reimbursed for sewer line, main water line, and landscaping charges.

am i responsible for any, part, or all?

 

[HomeGuru]

Yes, due to improper disclosure. You stated that the sewer line was replaced from the street to the house but that was not the exact case. Only part of it was replaced. The Buyer relied on your statement and it was false. You had a duty and standard of care to the Buyer to provide the real facts. If you had confirmation in writing from the County (which you should have gotten) that the entire sewer line was replaced, then you would be in a better position since you relied on the County.

 

[cab713]

any, all, some??

i understand that by improper disclosure i might be responsible for the sewer line, but why should i pay for a new water line and landscaping?

 

[HomeGuru]

How should I know? You tell me why?