MLS listing said CITY SEWER/WATER... purchased home and found out today that I have a SEPTIC SYSTEM!
When my toilet backed up this past weekend, I called a plumber... and low and behold our system is not hooked up to the street - it is a septic system! I purchased my home 2 1/2 years ago and the seller never disclosed having a septic system, listed the house as Town Sewer and on top of that probably never maintained the system. The city cannot even find any record of my address having a septic tank, therefore the work was done illegally. I am sick to my stomach! Is there anything that the seller could be liable for... removal, upgrade, etc? I have twins and I cannot imagine what they have been breathing in - the plumber that was here said it has easily been neglected for over 10 years! Any info or a point in the right direction would be greatly appreciated.
Misrepresentations by seller of home
Under MA law, a broker or real estate agent is supposed to disclose known defects. The seller is typically not required to disclose known defects. However, if your seller made misrepresentations about the property, then you may have a cause of action. Given the amount of money involved (potentially quite a bit), you should contact a MA consumer law attorney and explain your situation. Depending on what was said or represented (orally or in writing), and who made the representations, an experience attorney should be able to offer an opinion regarding your chances of recovering money from one or both of the parties. Good luck.