Expert: Dick Dennis - 7/11/2006

Question
Mt ex-wife purchased a property in Ma.  Disclosed in the advertizments and through the broker was that it had city sewerage.  Later to find that it had a septic tank.

Ma. states that you need to have a title V inspection before selling a home and one was not provided because everyone stated that it was city sewerage.

The question is, what can be done about this fraud since the sale of the home has already gone through?  Both realitors in the sale stated that they had no idea and it was disclosed to them that it was city sewerage from the owner.  By the way, this owner also took items from the home that was included in the sale of the property.  He took them while he awaited his money transfer from the bank.

Any help on this matter would be appreaciated.

Thanks

Roy

Answer
If those items that were taken, Roy, were connected or attached to the property, it is considered real estate. They must be returned or replaced by the seller unless the buyer insists on the actual items themselves.

I would write a letter (sent by certified mail) to the seller, and all the Realtors involved, that you will be taking everybody to court, either small claims or with an (real estate)attorney, if the sewer situation is not corrected as per what was revealed in the purchase of the property. Despite what they deny, those Realtors DO HAVE a responsibility in that matter. They should know if there is sewer or septic tank. It can be proven in court they were remiss in their duty. That is one of the things that good Realtors just do not leave to the seller to provide, especially if it is in a neighborhood where there might be some septic tanks and some sewer connections. After all, the seller might genuinely not know. Not likely, though, because you have to clean out a septic tank every year or two.

Go get your real estate attorney.

I do wish you well.

Dick Dennis                dixiedee13@aol.com

www.OldProblemSolver.com