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twinmama801 · Mar 14, 2013, 06:56 PM

I've been paying on my house for 3 yrs now. We came upon a huge sewage problem and the building inspector came in and found multiple problems with the home that we were unaware of. He advised us to take our children out of the home now because it could collapse on us. Can she sue me for leaving when this was an existing problem? Is there anything legally I can do about my loss?

Fr_Chuck · Mar 14, 2013, 11:38 PM

Did the home inspector not find this issue when you bought it?

But no, unless they were aware of the problem ( you lived there and did not know it) so you will have to prove they knew of the problem and did not tell you at sell.

You have bought the house, and yes hey may sue you.

scott53715 · Mar 15, 2013, 05:37 AM

I'd get another opinion about your home is going to collapse. If you default on a land contract the seller gets it back. Sellers are required to disclose all 'known' defects of a property. Proving they misled you 'lied' will be tough. Was the property listed for sale? If so, a Realtor's head is on the chopping block. Many sewer companies post their business card near a clean-out with date of service and other info. If so, contacting the service provider would be an interesting conversation. Why do you have to move out now??

ScottGem · Mar 15, 2013, 09:55 AM

First you need to read your contract about what it says about defects and default. Generally if you default, the contract reverts to a rental lease and all money that you paid is forfeit.

Depending on how much of a down payment you made, will dictate whether you want to walk away or not.

You could also try to work with the seller to repair the problem.

joypulv · Mar 15, 2013, 11:02 AM

You also don't say if the problems were visible or not, and/or how likely they would have been known to the owner and your inspector when you bought the place, or why they took a minimum of 3 years to be problematic. Make sure you have something in writing from the recent inspector, saying that they were pre-existing, especially if you just decide to leave.

smoothy · Mar 15, 2013, 11:08 AM

Three years after the fact is a long time to have an "undisclosed serious sewage problem" to not actually cause a problem before... even if you bought a brand new house... odds are you would own that problem after three years.

Sometimes stuff just happens...

twinmama801 · Mar 15, 2013, 08:58 PM

Actually the sewage wasn't the reason we had to leave. We were getting that fixed as I do pay house insurance. The main problem was there were no support beams in the house and the city inspector told us to leave before something bad happens until we fix this. There are other problems as well (electrical and more). After 60 days of being in default she can take the house back.

twinmama801 · Mar 15, 2013, 09:02 PM

The home inspector didn't say anything except a small crack in the foundation but he didn't mention there not being any support in the middle. I guess I except the loss.

smoothy · Mar 16, 2013, 05:46 AM

Originally Posted by twinmama801

Actually the sewage wasn't the reason we had to leave. we were getting that fixed as i do pay house insurance. the main problem was there were no support beams in the house and the city inspector told us to leave before something bad happens until we fix this. There are other problems as well (electrical and more). after 60 days of being in default she can take the house back.

The lack of support beams if needed was something the inspector most certainly SHOULD have seen.

Cracks themselves are not unusual... its what kind of crack and how big... and if things have shifted between both sides that indicate something serious is amiss.

joypulv · Mar 16, 2013, 05:57 AM

You can sue your home inspector (if you are talking about the one you hired when you bought the place).

I hope your town building inspector is honest and not trying to buy the place after you leave. Tiny odds, but you never know.

scott53715 · Mar 16, 2013, 07:52 AM

The home, most likely, was built with proper supports when the plans were reviewed, permits issued, and the work approved. What has been done by whom to cause the supports to be missing? Perhaps the seller did a bunch of illegal work (without permits or inspections) and could be libel for the uninhabitable situation. In my city, they keep all the permits they have issued, on a microfiche file. See what your municipality knows about your house. Again, the seller is supposed to disclose all 'known' defects. Alterations/construction without proper permits IS a defect. Realtors in my area are required to ask about work performed without a permit when they write a listing contract!