Latent Defects in Plumbing
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Latent Defects in Plumbing
My client closed on her house Nov. 27th 3 weeks after they moved in the
bathtub drains clogged and backed up. She called a plumber and he inspected
her pipes. Tree roots clogged her sewer drains and they cracked. He said to fix
the pipes would cost 3K. The plumber said the tree roots clogged the drain a
long time ago so she would have known about this. Can she sue the seller and
ask them to help with the costs?
Asked on February 21, 2018 under Real Estate Law, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, if there is evidence (as there apparently is) that the seller knew of the latent defect, then the failure to disclose it, in the face of that knoweldge, is fraud. The buyer can sue over fraud, and potentially recover the repair or remediation cost.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.