<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by kdombrow:
There is what seems to be an old septic pipe in the back yard of the 100+ yr. old house we just sold through a realtor. We told the realtor about the pipe - it's about 4" in diameter, 8-10' deep, flat even to the ground - and she told us not to worry about it. The new owners are now demanding the pipe be filled in and/or removed and the realtor is telling us it's OUR responsibility to pay the cost. (The realtor did NOT tell the new owners about the pipe - they discovered it themselves). Who's responsible to pay for this?<HR></BLOCKQUOTE>
You did not mention what state the property is located in. You as the Seller have an obligation to disclose to the Buyer all material facts that affect the condition and value of the property. You as the Seller are responsible to pay for this because you did not tell the Buyers about it. It is not the Realtors job to inform the Buyer but the Realtor should have either told the Buyers about it or directed you as the Seller to inform the Buyer in writing of the pipe.
There may be additional costs incurred such as removal/fill of the septic tank, deconstruction of any leaching fields, Dept. of Health permits and approvals etc. Since you were the Seller you have the requisite knowledge of this pipe. If you disclosed the pipe upfront and sold the home as-is with the pipe in place with no further action ( repairs, removal etc.) required on the part of the Seller, then the Buyer accepts all responsibility and liability. Your Realtor may have violated her standard of care and fiduciary duty to you as a client. She is wrong in this instance because she said not to worry about it when in fact she should have told you to disclose the condition and complete futher investigation. In reality she should have advised you accordingly. Make her pay for part of the remedial cost with her sales commission. If you get no cooperation from her send a letter to the principal broker, her errors and ommissions insurance carrier and file complaints with the State Real Estate Board and local Board of Realtors.
