Seller Disclosure Fraud Found After Purchase

[eby14@yahoo.com]

My question involves real estate located in the State of: Florida


To make a long story shorter....Bought a house a couple of years ago. Came home the other day to find that the local sewage pump station had lost power and that sewage had backed up into my house (came out the bottom of my toilets) and all over my front yard. Contacted the town and found out that that pump station "loses power a lot" but that this time it had taken longer for them to realize it, hence the larger back up. Spoke to the neighbors and found out that this had happend a few years ago to the person who sold the house to me. However, on the disclosure statement where it reads: Have you have ever sewage issues/ etc etc the seller checked No. Go figure the guy who sold the house to me stops by to talk to a neighbor of mine a few days later. I confronted him about it and he told me that it had happend before and that they weren't home at the time so the sewage sat there in the house until his Step-son came and cleaned it up! Obviously I'm taking this guy to court, but to be honest I would have never bought the house if I had known that this had happend before!

Is there a way under florida law that I can get the court to invalidate or rescind the buying contract on this house and make the previous sellers "buy it back"? If not, the town already covered the damages, that isn't what I'm looking for. Now that I've reported this to the town I'm not going to be able to sell this house since I'll have to disclose this on the disclosure statement nevermind the fact that now the house isn't worth nearly what I bought it for!! Who is going to buy it knowing that sewage could back up into it at any moment?

I've had a plumber install a safety valve that if it were to ever happen again the sewage would (hopefully) back up into my yard and not into my house and i've also contacted the town and they are installing a phone line on the pump station so that when it loses power they will know immediately and come fix it. So the likelihood of this happening again is slim to none, but I don't want to live here anymore in case it does. I would have never bought this house if I had known, so what can be done?

I definitely overpaid for this house (not that I would've even bought it...), AND now I won't even be able to sell it for anywhere near what I bought it for, if I can even sell it at all!!! \

[Mr. Knowitall]

You're not going to get out of a real estate contract, two years after the fact, over a single sewage backup.

What form are we talking about? The one from the Florida Association of Realtors? In that case, is the exact phrasing of the question, "Are you aware of any conditions that materially affect the value of the property relating to the septic tank/drain field, sewer lines, or any other plumbing related items?" If so, the question is not "Are you aware of any past problems" - it's only asking about problems that "materially affect the value of the property".

Lots of homes have had sewer backups although, granted, yours was more severe than most. If this is a problem with the local sewage pump station, though, we're talking about large numbers of homes in your community being affected and it being anything but a secret that it happens. Assuming the form linked above is the one that was used, I expect that if you sue him the seller will argue that in his opinion the sewer backup had no impact on the value of the home.

The real estate appraiser you intend to hire as an expert witness to substantiate your claim of damages claims that the reduction in the value of your home is how many dollars?

[eby14@yahoo.com]

It hasn't gotten that far yet. I just hired a lawyer. I can't imagine that it wouldn't lower the price of the home. That is the right document though. And yes it happens to my neighbors too. So.. if it is determined that it doesn't decrease the value of the home i wouldnt have to check *yes* on that question when I go to sell it? If it is determined that it does decrease the value of the home what do I do about the fact that because they outright lied I overpaid for a home I wouldn't have bought in the first place and the fact that now I'll have to disclose it and will only be able to sell it for much less than I bought it for? That is completely unfair.

[eby14@yahoo.com]

Oh, also there is another question on the disclosure statement that states have you ever had an issue with the sewage lines? They checked no on that question also. So I would have to disclose it at least on that question.

[Mr. Knowitall]

What problem did they have with the sewage lines?

You will presumably answer questions to whatever seller disclosure form you eventually complete in an honest manner.

[eby14@yahoo.com]

The fact that they back up would be the issue...?

[Who'sThatGuy]

There wasn't a problem with there sewer line to the home, the problem was with the pump station.

If a storm rolled threw your area, and caused power lines to fall, causing a blackout to your neighborhood 10 times in the past 3 years, should you answer "YES" on any statement asking "have you ever had an issue with the electric panel or any electrical wiring to any outlets"?

No, you shouldn't answer yes because you don't have an issue with your electrical in your home, the problem lies with the power company .

[Mr. Knowitall]

That was a problem with the treatment facility. The lines worked fine... unfortunately in both directions.

[eby14@yahoo.com]

I get what you are saying but my lawyer says it still needs to be disclosed. ?

[Who'sThatGuy]

I get what you are saying but my lawyer says it still needs to be disclosed. ?

Ask your lawyer if you lose in court, if he is going to refund your money your spending.