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Additional Details
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 What should a put in a letter to decline someones offer on our home? |
We are selling privately and some people gave us a offer for our house that is outragous, 36,000.00 less than our asking price. When our house is FMV. We were asking 209,000.00
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Luna | Can we go after the realtor, or home inspector? Who is responsible? |
We purchased our home in July 08'. About two weeks after moving in the sewer flooded our bathtubs. We had it cleaned, and thought all was well. Since then it flooded the bathroom two times, and we were advised by our plumber to have the pipe camera inspected by a sewer inspector. The sewer inspector found that the pipe is really old, broken, and clogged with roots. He informed us that we should have had it inspected before we purchased the house. We did not know that such an inspection existed, or we would have done so. The sewer inspector said it is now common practice to have the sewer inspected with a camera during the home inspection period. We did have a home inspection, but they did not mention a sewer inspection. Also are realtor never suggested a sewer inspection. I feel as if we were taking advantage of since our home inspector, and realtor never advised us to have the sewer inspected. I also feel that we should not have to pay for a new sewer since were were not properly informed. |
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Landlord
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I have never had a sewer inspected, it is not common at all. If there were a bunch a trees it makes sense, but no one is responsible other then yourself. |
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Expert Realtor
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That is why you get a home warranty and get homeowner's insurance.
No one is responsible except for you.
A home inspector WILL NOT inspect anything that cannot be examined with the naked eye. There is a disclosure (if you read it) on the inspection that states they are not responsible for hidden damage or any other tests that require "extraordinary" measures, such as radon tests, mold tests, testing every electrical outlet (which no inspector does), anything hidden in the plumbing (which in your case, required a special tool), or behind the walls.
The list of inspections are endless and just b/c you had this problem doesn't mean that the Realtor nor the Inspector is negligent. I am sure that your Realtor suggested a home warranty...this is why you should have got one.
A sewer inspection, unless there were previous problems with the sewer is NOT common. I've been in this business for a little over 20 years and I have recommended a sewer inspection only once or twice, and that was when there was evidence known to the original homeowner b/c of previous repairs, etc.
This is the breaks buying an older home. Just because something major goes wrong right after closing, doesn't equal that someone was responsible.
No different than if wiring behind the walls caused your entire structure to burn down, you would have to prove that someone knew it was there...which is almost impossible.
That is why you get insurance!!!! |
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godged
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You cannot successfully sue the Realtor or the home inspector regarding this, unless you can prove that they knew there was a problem and didn't disclose it.
I have never had a buyer ask for a sewer inspection, and such an inspection is not included on a typical home inspection. If you want inspections such as radon testing or a sewer inspection, it is up to you to have this done.
If your home seller filled out a disclosure, didn't disclose this and you can prove there was a problem, you might be able to sue them. The burden of proof is on you though.
Otherwise, you are responsible. |
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frak1a12345
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It is not common practice for a sewer inspection with a camera unless there is an existing problem that proves elusive. If anybody is at fault it is the former owner for not disclosing the problem. I don't believe that this could have developed between the time you bought the house and the time it showed up which would have to be the case if the former owner denies knowledge of the problem. Root clogged broken sewer pipes take years to develop and the former owner had to know about it. |
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taximomuv3
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Home inspectors only inspect what defects are readily visible - they'll flush the toilets & run the tub, etc. but if there wasn't an obvious problem at the time, that's as far as they'll go. If the former owners didn't mention a sewer problem to the realtor, then there would be no reason for the inspector to assume there was a problem. If you can PROVE that the former owners knew of a problem with the sewer (talk to the neighbors!!!!) then you may be able to go after them for non-disclosure in small claims court, but again - you'd have to be able to prove they knew there was a problem. If your neighbors noticed a certain sewer truck coming to the property in the past, nothing is stopping you from calling that company and asking if there were ever any estimates given or issues that should have been repaired, but they may not give you that info. It's worth a shot though. |
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financing_loans
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wow....
That is interesting. This is what you need to do. Call every single sewer and cleaning company within 30 miles. See if they have been to the house before for this problem. If the answer is yes, then it wasnt disclosed. You sue the seller. Not the agents problem or the home inspector.
Ive only been doing this for 16 years and ive never in my life heard of a sewer inspection. |
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hanora
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I find it hard to believe that it is common practice to run a camera through the sewer in a home inspection. But call several home inspection companies in your area and ask if they do it.
Contrary to what another responder said it is possible for a sewer system to function with no problems until tree roots invade and the pipe breaks and is blocked. It worked that way at our house. In our case the city paid for part of the cost of replacing the pipe because the tree was on city property. |
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Diane A
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In California, a basic home inspection does NOT include a sewer camera inspection. A home inspector is only required to look at things that are readily apparent and visible--not do destructive testing. If the inspector did not see signs of prior flooding & all toilets flushed etc; that is the extent of his responsibility. To inspect sewer lines you would need a professional (ie a plumber). The realtor can only advise based upon what the seller discloses. If the seller knew there was a plumbing problem & did not disclose, your recourse is with the seller (you could try small claims court). If the realtor KNEW of the problem and did not tell you, then both the seller & realtor are at fault. Again, this is very difficult to prove. But you could report the realtor to the realty board. Older homes are often frought with problems (electrical, plumbing etc) and the buyer needs to be aware of this without someone telling them. I.E. some homework needs to be done, unfortunately. Did you get a new purchase home warrenty? (this is standard in Calif)--you can try a claim with the insurer as well. |
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Ross
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If you can prove the former owner new than you can sue them. If you can prove the Realtor knew you could sue them. With out that proof you have nothing.
I would never buy a home with trees close to if I feared any problems with any of the utilities or damage to the foundation.
I have never had a sewer inspected other than soil tests upon installation but that is a different situation. |
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organizeyourbiz
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That's a new one on me; never heard of it. I've seen many inspections and they never pulled the sewer line up and checked it out.
That's why you purchase a home warranty; did you? |
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lonnie w
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This is not your realtors obligation or fault. The home inspector may have made a mistake. Home inspectors are required to have insurance that covers these types of problems. You need to contact an atty. But I would guess that you will be the one that has to come out of pocket for this problem. |
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RTA_TA
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Maybe it depends on where you live... my city almost passed an ordinance that upon selling a home a sewer inspection MUST be done, for exactly this reason. Unfortunately they didn't and I'm in the same situation, shortly after moving into my home I'm facing thousands of dollars in sewage repairs due to root filled pipes. Once they declined the ordinance the city did do a large campaign to local Realtors to inform them of this issue... hard not to be mad when my Realtor didn't suggest an inspection. |
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