Willard, OH asked in Consumer Law and Real Estate Law for Ohio

Q: We bought a house in December of last year it has a septic system our loan required a passing inspection for it.

After the inspection we were told by our realtor it needed a tile waited weeks and then all of sudden it changed and were told it just needed a terra lift done, this was done and they gave our realtor a passing inspection, to make a long story short it's been 1 year and we are having problems with it and find out we need a whole new leach field..$10,000-16,000 because the drainage tiles are completely covered in tree roots that have had to of been there a year ago..so my question is do we have a case to go back on anyone? We've sunk every penny we've ever had into this house and haven't been here long enough to take a home equity loan I really don't want to lose my house but we're at a loss of what to do.

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1 Lawyer Answer

A: It is unfortunate and puts you in a very difficult position. Anybody can sue anyone for anything, but litigation would be expensive for you to pursue, and it is not the kind of case an attorney would take on contingency. But an attorney could send a letter to the sellers, the real estate agents, inspector, and whoever else was involved, and advise that if they all don't kick in some cash to help you with this problem, that you will consider legal action (even if that is just a threat and you really wouldn't be in position to sue them - but they don't know that). It would cost each of them a thousand or so to get an attorney to even respond to your lawsuit. So they might be reasonable and instead, each pay some amount to you to avoid litigation and settle. You might also contact your lender and say if they don't give you a home equity loan to get this fixed, you will give them the keys and walk away (not that you actually would). If the local government is giving you trouble, talk to as many local politicians as you can find and get a newspaper or TV involved. Use the Find a Lawyer tab and consult a local litigation attorney.

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