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Sewre Damage

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B

boutime

Guest
My wife and I purchased a home under owner finance in 1998. The contract stated that this home was
being sold as is, and I accept that as part of the contract. At the time that the contract negotiations were going on, a member of the city Council helped the lady with payment options, interest and discuss problems associated with the house. They both neglected to inform us about inadequate city sewer lines that caused frequent backups and total failure of drainage. We learned later that there are two, possible three houses hooked to a four inch sewer line that travels at least one city block east of my home to then join in with the main sewer system.My home is situated on the lower end of this line and so far, due to the backups I have had to replace my sewer lines under my house three times because of broken pipes More recently, I have been forced to leave open a section to allow the pressure to escape but now am forced to deal with raw sewage. Repeated pumping to remove the stinky water has been done but it does nothing to remove the stench. The city is very aware of the situation and has done nothing . When we notice that there is a backup, it has taken as much as six weeks to get them to come out and remove the blockage from the pipe and allow the water to flow. The lines that are causing the problems are located in the alley way, approximately 50 feet from the city sewer system. The water man will go out, run a sewer snake into the pipe to clean the obstruction and then that’s the end of it.We have been in contact with the EPA on this problem and they have come out to inspect it three times, twice they have supposedly given the city a citation. There has been a grant request files with the state also to pay for the installation of a sewer system to run through the alley and connect from one city sewer line located approximately one city block to the west of us, to the one that we are currently tapped into located one block east of us. The city has threatened to fine us for opening the access panel to try and clear the obstruction our self, and for removing the vent caps to release pressure from the line.This situation has gone on for approximately two years now and is getting to the point of being dangerous. They are putting my children’s health at risk as well as causing extensive damage to my home. When I purchased the house I knew it was subjected to flooding during what I thought was from the rain. I put concrete footers around my foundation and believed I had stopped that problem. As well as leveled the floors of the house by shoring them up with concrete cinder blocks. But I realize now that the flooding is being caused by the sewer and the house has again settled and the floors are warped even worse than when I first purchased the house. There is a sewage smell throughout the house and windows and fans must be kept open at all times to prevent the build up of sewer gas. s to my sewer lines and the labor of trying to level the floors The moister under the house has rotted the boards and soon will have to be replaced. All this could have been prevented when I contacted the city about the sewer line and they should have replaced or repaired the section that is causing the blockage. I am contracted to this house and am unable to continue paying the payments plus rent or purchase another place. Am I in the rights for a law suit against the city to force them to fix the damage or get out of the contract for this place?

 


HomeGuru

Senior Member
<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by boutime:
My wife and I purchased a home under owner finance in 1998. The contract stated that this home was
being sold as is, and I accept that as part of the contract. At the time that the contract negotiations were going on, a member of the city Council helped the lady with payment options, interest and discuss problems associated with the house. They both neglected to inform us about inadequate city sewer lines that caused frequent backups and total failure of drainage. We learned later that there are two, possible three houses hooked to a four inch sewer line that travels at least one city block east of my home to then join in with the main sewer system.My home is situated on the lower end of this line and so far, due to the backups I have had to replace my sewer lines under my house three times because of broken pipes More recently, I have been forced to leave open a section to allow the pressure to escape but now am forced to deal with raw sewage. Repeated pumping to remove the stinky water has been done but it does nothing to remove the stench. The city is very aware of the situation and has done nothing . When we notice that there is a backup, it has taken as much as six weeks to get them to come out and remove the blockage from the pipe and allow the water to flow. The lines that are causing the problems are located in the alley way, approximately 50 feet from the city sewer system. The water man will go out, run a sewer snake into the pipe to clean the obstruction and then that’s the end of it.We have been in contact with the EPA on this problem and they have come out to inspect it three times, twice they have supposedly given the city a citation. There has been a grant request files with the state also to pay for the installation of a sewer system to run through the alley and connect from one city sewer line located approximately one city block to the west of us, to the one that we are currently tapped into located one block east of us. The city has threatened to fine us for opening the access panel to try and clear the obstruction our self, and for removing the vent caps to release pressure from the line.This situation has gone on for approximately two years now and is getting to the point of being dangerous. They are putting my children’s health at risk as well as causing extensive damage to my home. When I purchased the house I knew it was subjected to flooding during what I thought was from the rain. I put concrete footers around my foundation and believed I had stopped that problem. As well as leveled the floors of the house by shoring them up with concrete cinder blocks. But I realize now that the flooding is being caused by the sewer and the house has again settled and the floors are warped even worse than when I first purchased the house. There is a sewage smell throughout the house and windows and fans must be kept open at all times to prevent the build up of sewer gas. s to my sewer lines and the labor of trying to level the floors The moister under the house has rotted the boards and soon will have to be replaced. All this could have been prevented when I contacted the city about the sewer line and they should have replaced or repaired the section that is causing the blockage. I am contracted to this house and am unable to continue paying the payments plus rent or purchase another place. Am I in the rights for a law suit against the city to force them to fix the damage or get out of the contract for this place?

<HR></BLOCKQUOTE>

There are several issues here. First of all the Seller should have disclosed the problems with the City sewer and the resultant problems to the subject property. With respect to this issue, contact a real estate attorney to file a complaint based on improper seller disclosure and recision/cancellation of the contract ( the Seller gives you back your money and you give back the property)

On the sewer problems, file a written complaint with the State Dept. of Health as the conditions you have described is a health and safety hazard. I hope your EPA complaints were in writing. Your attorney should also file a legal complaint against the City for failure to have a property and adequate main line and system installed and for failure to take any remedial action to correct the problem once they were made aware of it. Contact your home owners insurance company to see if they can give you any advice. Get all the written evidence you can from the City, City Council, State and EPA from the time the home was built to the present. Inquire as to if there are any other neighbors that have experienced similar problems and if so did they file any complaints.
 

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