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Seller lied on home disclosure.

We purchased a home in March of this year directly from a real estate agent. In her disclosure to us, she wrote that the main sewer line to the house had been replaced. Because we were purchasing the house in a different state, we were unable to be there for the home inspection. She was adamant on telling us that we would have no sewer problems. Well - our sewer backed up. We had a sewer person come and look and he said the main line was never replaced. We haven't figured out what caused the backup yet (it was clean water thankfully) but do we have any action again the previous owner for lying about this on the disclosure? I've reached out to her already to try to get more details on what was done with the owner before her and as of now she seems to be cooperating. Also working to see if somehow the city is at fault. 
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August 22 2013 - US
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Answers (4)

But wait, You said, "previous owner had city sewer backup so she put in new sewer line to street". That is the seller saying that the previous owner did something, so he believed what he was told and so your case goes out the window since you would be using testimony from a 3rd party indirectly. Of course I only play lawyer at home.

It's not lieing if you believe it.
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August 22 2013
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So question - I have it it writing that "previous owner had city sewer backup so she put in new sewer line to street". Is the person I bought it from liable for lying on the disclosure if she's saying that the previous owner to her made repairs when she didn't? I live in a small town and am nervous about contacting a lawyer if I don't have any legal stance.
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August 22 2013
It will never hurt to seek legal counsel to see if you have a case.  You said that the main sewer line to the house had been replaced, by whom and when.  You may need to seek that information to see who is responsible.
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August 22 2013
The question to you is what do you have in writing? If it's not in writing then just give up and write it up to experience. If you have it in writing then - Pass Go, Collect $200 and Go Directly to Lawyer. If you have the RPD, or Res Property Disclosure, and if it has it writen there you could have proof they mislead you. Good luck, IF you have it in writing. Be sure to get the inspectors name and statement, you'll need it.

tim
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August 22 2013
 
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