Seller didn’t disclose tree root in sewer pipe

[quincy]

The seller did tell you that s/he had tree roots cut in the past. You would need to prove that the seller knew that tree roots had grown again through the pipe. A seller is not required to inspect inaccessible portions of the real estate.

 

[BurkeBlue22]

The seller did tell you that s/he had tree roots cut in the past. You would need to prove that the seller knew that tree roots had grown again through the pipe. A seller is not required to inspect inaccessible portions of the real estate.

when I called the seller to tell her the problems I was having she said she had the same problem 5 years ago.

 

[BurkeBlue22]

Thank you for providing your state name. I was remiss in not asking for it before.

Why have you waited almost a year to ask about your legal recourse?

The first few months I didn’t know what was going on. Roto rooter was out twice and could find the problem (don’t ever use them) . Jeter clean found a root ball 20 feet from the house and cleared it. i thought the seller would fix it. She just emailed me and said she wouldn’t. Seller was only at the property 3 days a week. Works out of the country the rest. It’s hard to get a hold of her.

 

[BuyLowSellHigh]

The pipe is broken. Tree roots are growing threw. My plumber said you can snake it every 2 years or repair it. It could collapse at any time or could last for years.

Even if the seller was found to be responsible they could argue they should only have to pay for the cost of a repair not the entire $5,000.

In order to litigate you would likely need a professional willing to testify about the condition of the sewer system at the time you purchased the home (not two weeks later or months later). If the sewer system worked properly for the first two weeks that you lived in the home I think you would have an uphill battle.

 

[quincy]

The first few months I didn’t know what was going on. Roto rooter was out twice and could find the problem (don’t ever use them) . Jeter clean found a root ball 20 feet from the house and cleared it. i thought the seller would fix it. She just emailed me and said she wouldn’t. Seller was only at the property 3 days a week. Works out of the country the rest. It’s hard to get a hold of her.

I don’t think you will have an easy time holding the seller liable for repairs.

You were aware there were problems in the past with tree roots ... and unless trees are removed, the roots will continue to spread.

You might want to discuss this with a real estate attorney in your area but I suspect you will hear that repair costs are on you. Welcome to home ownership.

 

[NeilTheCop]

Neil, I live in a neighborhood that I grew up in where all the main drain pipes were clay pipes and where everyone who owned a house there eventually had to replace their main drain pipe with PVC. When I bought my house in that same neighborhood I automatically just made the repair as it hadn't been done on my house yet. I didn't expect the previous owner to be responsible for that. The previous owner had been flushing tree root preventative stuff down the toilets every three months.

The point I was attempting to make is that the OP could possibly have gone 5-20 years simply snaking out the tree roots every few years. Despite having replaced my main drain with PVC I have still had to snake it out every 5 years or so because tree roots have snuck through at junctions.

Yes, nearly every plumber who has come out to snake it every 5 years or so has told me that I needed to do repairs costings thousands, but guess what?...once I told them that the clay pipes had already been replaced with PVC, they backed off.

Being in an arid region our trees can put their roots out for hundreds of yards looking for water. and when they do, you can't stop them unless you change out the pipes. snaking out will last a month at most.
Again, ask me how I know.

 

[quincy]

Tree roots are often the cause of sewer pipe blockages and ruptures. The problems generally will persist as long as the problematic tree exists. The tree roots will continue to find the sewer line an attractive source of water.

 

[Mass_Shyster]

You don't fix tree roots in a drainage pipe by repeatedly snaking it out.
You have to dig down to the old pipework and replace it all with glued together plastic pipe.
Ask me how I know

How do you know?

 

[zddoodah]

This is Minnesota.

Minnesota has an unusually broad residential real estate disclosure law.

Unfortunately, however, you ignored most of the other questions I asked, so I can only offer you the following additional comments: In order to make out a claim under the applicable law, you will have to prove that the seller knew about and failed to disclose a current problem. That the seller told you that "she said she had tree roots cleared 5 years ago" is of little or no value in this regard. Also, the seller's statement that "she sold [the property] ‘as is’" is an extremely important fact. If her claim is supported by language in the written contract between you and her, then you may have no valid claim even if she otherwise should have made a disclosure. That's why I asked about this -- because it's important.

 

[NeilTheCop]

How do you know?

I know it involves a lot of digging and cursing, because I did both.

 

[quincy]

I know it involves a lot of digging and cursing, because I did both.

There are chemical treatments that can dissolve the roots, and pipes can be repaired with liners without having to replace the existing pipe, among other possible solutions to pipes clogged by tree roots. Digging and swearing is just one way (perhaps a common way ) to remedy the problem.

 

[BurkeBlue22]

Minnesota has an unusually broad residential real estate disclosure law.

Unfortunately, however, you ignored most of the other questions I asked, so I can only offer you the following additional comments: In order to make out a claim under the applicable law, you will have to prove that the seller knew about and failed to disclose a current problem. That the seller told you that "she said she had tree roots cleared 5 years ago" is of little or no value in this regard. Also, the seller's statement that "she sold [the property] ‘as is’" is an extremely important fact. If her claim is supported by language in the written contract between you and her, then you may have no valid claim even if she otherwise should have made a disclosure. That's why I asked about this -- because it's important.

As is means things you can see without digging. Seller admitted having tree roots removed in text and email to me. Never mind.....

 

[quincy]

Does your homeowners insurance cover sewer lines?

 

[FarmerJ]

Did the plumber send a camera into the sewer line or not ? If the plumber did then ask for a copy of it and use it in court and give it your best shot when you sue. IF the plumber did not run a camera into the line then for all you know there could be zero cracks and the problem could be something as dumb as a joint where the glue used failed. Back when our house was connected to city sewer we had cast iron line going out to the cesspool tank and I don't remember how the new line into the street was patched in to the old line but do remember my mom was still alive back then and she was running wash and had to stop and the next day a sewer auger guy came out and ran cutting blades into the clean out ( I watched him) and if my dad had to have it done again It must have been after I moved out. You didn't say specifically where you are BUT I can tell you this last winter the ground has frost heaved more than it ever had in the past 19 + years we have been here , the back corner of my house has heaved up by a inch, I have a 41.5 mile commute each way to work and many of the roads have heaved up - bump areas that make my morning drive home slower now and anyway where im going with this is that getting a sewer camera inspection done can tell you approximately where the problem is ( how many feet out and it very well may not cost 5k to have it dug up and patched which is what was done with the second home I had as a rental, at one point the clay tile line it connected to had failed and it was a few hundred to have it dug up and patched. SO if you didn't get a sewer line inspection video done to see approximately where & what the problem is then consider doing so , then you would have a better idea of the problem before taking legal action.

 

[zddoodah]

Never mind.....

Since you are continuing to ignore the relevant questions I asked, ok.