“We bought some San Diego real estate 2 months ago and have found plumbing problems that no one disclosed to us. The sewer line has deteriorated. We need to tear up the lawn and have the line replaced. And we noticed a warm spot on the floor and found out a pipe in the slab is leaking. We plan to sue the seller and the agent. And who do we report the agent to?”
Answer:
Several years ago a homebuyer sued me in small claims court for sewer line problem just like yours. As the plaintiff, he was the first to state his case.
When he finished, the judge said, “I understand you have a problem, but why are you suing the agent?” When the buyer said I should have known and didn’t tell him, the judge said, “There’s no way he could know you have a deteriorated sewer line 7 feet under the ground. I find for the defendant. Case dismissed.”
In order for the seller or agent to be liable, you must show they knew or had evidence of a problem.
