Q: Bought house. Smelled sewage. Owner didn't disclose problem. Can I sue him for this?
Bought house 11 months ago. Right after I moved in I smelled a sewage smell. I texted with the previous owner asking if he had ever smelled this. He wrote back "yes" that he smelled it when he lived there. We went back on forth on text so I quite a bit of documentation that he knew of this problem. He did not disclose this to me prior to purchase. I spent $4000 on new plumbing to fix all of the bad plumbing the owner probably did himself and with hired contractors. Can I sue him for this?
A: Contact a real estate attorney. The sewage smell probably should have been disclosed (the facts determine if disclosure is reasonable).
A:
Here is a good summary of the disclosure rules in Colorado: http://www.nolo.com/legal-encyclopedia/home-sellers-colorado-your-disclosure-obligations.html
Tristan is correct that it depends on the facts and proving that the seller knew of the condition.
If the amount of the claim is $7,500 or less you can use the small claims process to take him to court.
Your rights are also controlled to a large extent by the Contract to Buy and Sell Real Estate. The standard form provides for an award of attorneys fees to whichever side wins the case. So if you file and win, the seller could have to also pay any reasonable attorney's fee you had to pay. But, if you file and lose, you might have to pay the seller's attorney's fees. Also, that contract might provide that an issue like this has to be done in arbitration as opposed to going to court.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
