Expert: Dick Dennis - 6/24/2006

Question
Soon AFTER having had my offer accepted on a house, I learned (in casual conversation with the seller no less) that a mandatory city sewer hook-up project was scheduled for the neighborhood later this summer.  The listing showed that the property was on a septic system but did not disclose the upcoming required connection to a new city sewer which, including hook-up fees and private contractor charges, will cost well over $5000 not to mention the inconvenience of protracted unusable streets and a torn up yard. I immediately advised my agent that I was no longer interested in the property and wished to be released from the contract. In fact, had I initially known of the construction project and the expense, I would not have even looked at the house.  By the way, this project was not "publicly known" outside the neighborhood which had received correspondence from the city.  In your opinion, does the seller's (or his agent's) failure to disclose the mandatory sewer project render my contract voidable?

Answer
YOU BET, Kate. The Realtor was remiss in his/her job to advise you AT THE TIME YOU INSPECTED THE PROPERTY and certainly before you made your offer to buy. No ifs, ands or buts, Kate. If you wanted to buy the property AFTER you received that information (in writing . . . in real estate nothing was ever said unless it was in writing) that would be up to you. If the seller was willing to pay some or all of that sewer assessment, then it is up to you to continue on with the transaction.

I do wish you well.

Dick Dennis
www.oldproblemsolver.com