seller and agent did not disclose non permitted septic system change until after we signed for the loan and gave deposit. Is this legal? Can we hold the listing agent responsible for the money we are out for inspections, and deposit, etc. ?
If we would have known there was non permitted septic work done we would have not submitted a offer, or would have submitted a substantially lower offer.
Now what do we do?
Answer
Take your purchase and sale contract and any other relevant paperwork to see a competent real estate attorney.
Answer
The real issue is whether the seller or agent knew, or should have known, the facts about the septic system. A seller and his agent are only charged with disclosing what they know. An agent (or his broker) representing the seller has, however, a duty to investigate, at least to some extent. You might want to look up and review Civil Code sections 1102 through 1102.17, especially 1102.6, regarding disclosures. Assuming the seller knew or had reason to know that the septic system wasn't permitted, and failed to disclose that, you have a strong case.
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