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I am soooo IRKED

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T

terp

Member
What is the name of your state? MD

My husband and I bought our first home. We were informed that the neighborhood had a community well and sewage. We were told what the monthly fee was and all was fine. A few weeks after moving in, we were talking with our new neighbors and they asked us how we felt about the fact that county water and sewage was coming in within a few years and the initial costs were outrageous. We did not know a thing about this. Apparently the community voted on it 2 years ago. It is all in the works. Our initial out of pocket is going to be close to 15K and then for the next 30 years, our bill is going to be ridiculous!

The seller should have disclosed this correct? He was totally aware of the expense that was coming but NEVER shared that tidbit. My neighbors even told me that he was one of the loudest gripers about it.

Please help, can we do anything about this? I am not one to be sue happy, in fact I really hate courthouses, etc.....no offense to any attorneys, judges that may be on here...What is the name of your state?
 


S

seniorjudge

Senior Member
My husband and I bought our first home. We were informed that the neighborhood had a community well and sewage. We were told what the monthly fee was and all was fine. A few weeks after moving in, we were talking with our new neighbors and they asked us how we felt about the fact that county water and sewage was coming in within a few years and the initial costs were outrageous. We did not know a thing about this. Apparently the community voted on it 2 years ago. It is all in the works. Our initial out of pocket is going to be close to 15K and then for the next 30 years, our bill is going to be ridiculous!

How were you "informed"? Did your lawyer or your broker or your title company put that in writing?


The seller should have disclosed this correct? He was totally aware of the expense that was coming but NEVER shared that tidbit. My neighbors even told me that he was one of the loudest gripers about it.

What should the seller have told you? That in the future sometime the government will do something and it will be expensive? (But I repeat myself.:rolleyes:) How is the seller supposed to know this as a fact?


Please help, can we do anything about this? I am not one to be sue happy, in fact I really hate courthouses, etc.....no offense to any attorneys, judges that may be on here...

Help with what?
 
T

terp

Member
I do not know what the term is, but it was included at closing that we were on the community well/sewage.

The seller knew because there was a petition that went around the neighborhood 2 years ago.

The seller knew what the cost were because the county already sent all the residents a preliminary assesment.

What I am asking is this....should he have disclosed this as it is already in the works? and does effect the maintenance and function of this house?
 
S

seniorjudge

Senior Member
Q: What I am asking is this....should he have disclosed this as it is already in the works? and does effect the maintenance and function of this house?

A: Here's what you said the seller knew at the time of the sale: "...The seller knew because there was a petition that went around the neighborhood 2 years ago. The seller knew what the cost were because the county already sent all the residents a preliminary assesment...."

That sounds like "maybe something will happen". In other words, it doesn't sound like much.

And why didn't YOU know about it? Why didn't YOU do your investigation?




Q: I do not know what the term is, but it was included at closing that we were on the community well/sewage.

A: I don't know either since you can't even give me a hint.
 
T

terp

Member
thank you...I guess we will just chock it up to a lesson learned.

I would have never thought that digging in the county would be neccessary. We did a title search and everything.

Like I said we are first timers...I guess we screwed up.

I would have felt obligated to the buyer to let them know if the shoe were on the other foot.

Thank you for your time!
 
T

terp

Member
yes...I just feel that if I were aware of a change that was happening that had already been approved, then yes, I would feel responsible to disclose that information to the buyer.

It was not like an idea that was on the table with the HOA. It had already passed and was in the works with the county.

It's OK...it is a lesson learned...a bit expensive but in all a lesson learned.

Another note. I have met a few other people that bought around the same time as us and it was disclosed to them.

We bought in a different county than where we were previously living. We did a lot of research. In fact the sellers agent even pointed out that we were in a special tax district because we were on community well and sewer.
 
quincy

quincy

Senior Member
In Maryland, all material defects in a property, or an improvement to real property, that a purchaser would not reasonably be expected to ascertain by observation and that could potentially pose a threat, must be disclosed by the seller to the purchaser. I do not believe the water and sewer installations would fall under this "full disclosure", however.

But, if you had a settlement agent, this agent needed to act in good faith and make full disclosure to you of all facts material to your decision to accept or reject the proposed transaction. I think it could be argued that the water and sewer lines, and the resulting future expense to you, should have been disclosed.

You, however, have just heard from both a judge and an Ohio attorney, so they undoubtedly know the law on this better than I.
 
T

terp

Member
It is going to cost us a chunk plus I prefer our well H2O. Our taxes are going to change also. The water and taxes were pros on our list when we were shopping for our home.

I unfortunately didn't think of researching this. Who would have known unless you were already in the community and a share holder in the community. Like I said, it is my fault i didn't look into it.

Here is a question, say the electric company was going to install a huge telephone pole right infront of your house complete with a transformer on it that hums all night and a huge street light. You just bought your house, the seller knew it was going in as soon as the county got to it, meaning maybe tomorrow or 2 years. But, he sold just in time and you moved in. Would you be upset? There are too many situations that could happen. There is no real way of researching every possibility. Unfortunately ours is going to cost us a bit of money up front and for awhile after.

It is a shame that the seller wasn't honest...unfortunately, I guess that is not illegal here in Maryland.
 
S

seniorjudge

Senior Member
I asked you what damages the SELLER caused you.

In any event, I cannot see how the seller can be held responsible for what a third party may or may not do.
 
T

terp

Member
That's fine. Like I said, I just needed some clarity. Thank you all. But to set the record straight, it is not something that might or might not happen. It is happening. I have learned a lesson.
 
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