Bremerton, WA asked in Real Estate Law for Washington

Q: We purchased property and the seller did not disclosed existing water

We recently purchased property with an approved septic design and found out after that the seller had not disclosed an existing artisan well to us or to the septic designer and that a third party has water rights to it, what recourse do we have?

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1 Lawyer Answer

Ali Shahrestani, Esq.

  • San Francisco, CA
  • Licensed in Washington

A: You may have rights to sue the seller for failure to disclose the well if required under the escrow agreement and if the water well was never properly recorded in town records making futile any due diligence efforts for you to discover it. The third party's easement should be reviewed as well as the extent of damages to your property rights by this non-disclosure. More details are necessary to provide a professional analysis of your issue. The best first step is an Initial Consultation with an Attorney such as myself. You can read more about me, my credentials, awards, honors, testimonials, and media appearances/ publications on my law practice website, I practice law in CA, NY, MA, WA, and DC in the following areas of law: Business & Contracts, Criminal Defense, Divorce & Child Custody, and Education Law. This answer does not constitute legal advice; make any predictions, guarantees, or warranties; or create any Attorney-Client relationship.

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