DEAR BARRY: When we bought our home, we did not have the septic system professionally inspected. Instead, we ran water at the sinks, bathtub and shower for more than an hour. There were no backups, so we thought everything was OK because our water test exceeded normal use. Recently, the system was serviced, and we learned that the septic tank is substandard and will soon collapse if not replaced. Are the sellers and real estate agent liable for their failure to disclose this condition? --Ryan
DEAR RYAN: The sellers and agent were required to disclose the problem only if they knew about it. It is highly unlikely that the agent knew the condition of a buried tank. The sellers, on the other hand, may or may not have known, depending on whether there was a septic inspection during the time they owned the property. more...
