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Realtor Misrepresented Property

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H

Hamilton

Guest
We bought a farm with an old home in Kentucky. The selling realtor never actually "showed" us the property, just instructed us to stop in and ask the current owners if we could look around. When we met with the realtor in his office after viewing the property, he showed us a preprinted form (I was told by someone that it is called a Home Inspection Form.) that had fill-in the blank and checks to indicate details about the house. It indicated such things as the number of bedrooms, whether or not there was a basement, the square footage, type of heat, and also noted a list of noticable damage such as broken or missing windows. The form indicated that the home had a septic system. I distinctively remember the realtor verbally assuring us that there was a septic system and the current owners pointed out to us the top of the septic tank. This home is over 100 years old in a rural area. I gathered by the emphasis put on the issue of the septic system that very old homes have been known to be without septic systems. Everything was normal for 6 years. Recently we found sewage seeping to the surface and upon inspection and advice of others discovered that the object pointed out as the septic tank was actually just a limestone rock lined well. It was probably used as the well to provide the house water before the indoor plumbing was installed. Upon the installation of indoor plumbing a cistern was built to catch rainwater from the roof and an electric pump provided waterflow to the house. With the well no longer necessary to supply water, the drainage line from the bathroom was directed into this well. Apparently for years and years the well managed to allow the sewage to gradually filter out into the surrounding ground, but now it is full and causing a major problem. Is this form the realtor showed us, indicating the presence of a septic system, a binding legal document? Can we possibly be eligible for any type of compensation from the realtor or previous owner to help install an actual septic system?
 



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