Can I sue the previous owner for non-disclosure of a sewerage problem?

L5017114 on 04/11/2015 - 10:48

I bought this relatively old home exactly 2 years ago. Half a year ago there was a main line blockage problem which miraculously cleared on its own.
Now the plumbers came and realised that there seems to be a couple of areas in the main clay sewer line that have collapsed and caused a major blockage. Apparently I must replace several sections in the pipe. He believes last time I was just lucky and it slightly cleared up, but the issue has been there for awhile.

He also pointed out that the home didn't have an inspection line which is a a must have for most homes nowadays. For those who aren't familiar with this, its pretty much an extra opening in the main line extended to the surface so that plumbers can inspect the line or clear blockages easier. It creates an extra access point for them.

I am not familiar with these laws but do any of you guys think I have a case?

My main worry is what I need in order to prove it was a pre-existing problem? Is the word of the plumber enough? What kind of evidence do I need?

Hope you guys can help me out ! :D

Home & Garden

Comments

  • nocure on 04/11/2015 - 10:56

    Yep ..why not.

    The last house I sold had a drain snake stuck up the storm water pipe…cost me $100, had to buy it from the hire place.

    • 5017114 on 04/11/2015 - 10:59

      Do you have any experience with this?
      I don't want to make a scene out of this but how do I prove that the seller knew of a pre-existing issue and chose not to disclose it?

      • nocure on 04/11/2015 - 11:13
        +1

        Maybe the seller didn't know..it's a real grey area…when you buy older homes there are only so many checks you can do, there will always be something that crops up. Best just to get it fixed and maybe check you insurance, it may cover some costs.

        I think the inspection lines are something found in more modern homes, I have already buried mine but I know where it is.

  • zultan on 04/11/2015 - 11:05
    +3

    Previous owner could surely argue that any fault occured since you bought it? and therefore not their problem?

  • Car-la-la on 04/11/2015 - 11:08
    +21

    Absolutely ridiculous, it's been two years.

    Besides you could never prove previous owners knew about it.
    Onus is on buyer to do relevant inspections/enquiries prior to purchase

  • ykwon10 on 04/11/2015 - 11:10
    +12

    Seller is not required by law to disclose any issues prior to selling the house. It is the buyer's responsibility to perform necessary checks/inspections to determine the condition of the house. I am pretty sure your real estate agent or family members would have told you that when you bought the house 2 years ago. Caveat emptor mate!

  • Davo1111 on 04/11/2015 - 11:18
    +4

    lol no

  • 2jzzzz on 04/11/2015 - 11:26
    +5

    Buyer beware. You need to do all checks prior.

    Not a chance in hell.

  • BigTed on 04/11/2015 - 11:59
    +1

    You would need to establish at least that:

    1. it was an existing condition prior to sale,
    2. the previous owner knew about it,
    3. the previous owner was under a duty to disclose the fault,
    4. they failed to do so, and
    5. you have suffered loss.

    Number 5 should be easy, the rest, hard.

    Unless you can show the above then forget about it and move on.
    One other option - did you pay someone for an inspection prior to purchase? If you did and they failed to pick this up, and they should have, then you might have another target.

    • ykwon10 on 04/11/2015 - 12:02
      +1

      Assumingly OP paid external party for building & pest inspection, the report normally has a validity of 30 days NOT 2 years!

      • BigTed on 04/11/2015 - 14:59
        -1

        If the limitation period on negligence or breach of contract in your jurisdiction is only 30 days, you have a point. If not…

  • rambao9 on 04/11/2015 - 12:28
    +2

    You need to check with another plumber to see if a problem really exists. Kinda sounds like they just want money off you and making stories up.

    I had one plumber (I can name and shame cause these guys are losers Mr H2O, should have read productreviews first and see the < 1 star rating they have with over 100 reviews I think) just likes to bull plop their stories and say your house is about to collapse cause your sewers are broken (not to that extent but you get the point) and attempted to charge me $10,000 for a job to replace the main sewerage pipes that connect to the main sewerage.

    Previously already charging $4000 to replace 1 section of a broken pipe and clearing out an emergency blockage. Absolute scum bags these ones.

  • ESEMCE on 04/11/2015 - 12:52
    +15

    You bought an old house, it doesn't comply with current building regulations and you're surprised about this?
    You're the type of guy who sues the council cause you tripped on a tree root while you were walking home drunk wearing sunglasses aren't you? It's always someone else's fault.
    Reminds me of this news..
    http://www.adelaidenow.com.au/messenger/east-hills/decades-o…
    It's trigger happy people like you that caused this.
    Thanks for fcuking the world up for the rest of us!

    • brazen00 on 04/11/2015 - 12:59
      +4

      Don't hold back, scubacoles. :)

      • ESEMCE on 04/11/2015 - 13:13
        +1

        :-)
        I'm normally the coolest cucumber, always trying to find the good in a situation, but this sort of crap is so outright wrong, even I can't find the silver lining.

        It's taken 2 years of ownership for something in an old house to break! OP should be thanking the previous owner for looking after the place so well!

    • ykwon10 on 04/11/2015 - 13:01

      can't agree more with you.

    • [Deactivated] on 05/11/2015 - 08:45

      Hey the guy asked for advice, not abuse. He's in a bad situation and is trying to do the best thing. This is ozbargain, not Dr Phil.

    • DARK KHAOS on 05/11/2015 - 11:44

      Troll alert. Joined yesterday.

  • thereisriceandcurry on 04/11/2015 - 13:23

    I think its ridiculous that your thinking is how can you sue the previous owner for something you dont even know he knew about, just for the sake of getting money.

    One thing is that they knew about it and knowingly neglected to tell you now causing you expense, another thing is you found out about it and are trying to ping it on them to make a buck

    Use your morals, and you will get the right answer

  • suchislife12 on 04/11/2015 - 13:42

    This link may have some info

    http://lmgtfy.com/?q=Local+solicitor+

  • Cheeper on 04/11/2015 - 17:09

    "I bought this relatively old home exactly 2 years ago"

    Stop right there… All old houses have problems, some you can pick before you buy most you don't.
    Just have to suck it up this time.

  • Gotchas on 04/11/2015 - 20:09

    Good excercise with No gym fees
    Start digging
    Maybe post it as a deal
    il + vote it

  • driver33b on 05/11/2015 - 08:15
    +1

    Ring all the local plumbers and innocently ask if they have any 'history' on your property…you now have problems and want to know if it is an ongoing problem you have. This could prove the previous owner had knowledge of the extent of the problem.

    I know when we recently sold in NSW our agent was insistent that we didn't mention any problems with the house to him, because he was obliged to inform prospective purchasers. Maybe this is where your disclosure obligation lies…not with the owner.

    Good luck.

  • [Deactivated] on 05/11/2015 - 08:40

    Didn't you have a building inspections before signing the contract?

  • suzieq14 on 05/11/2015 - 08:54

    when you buy a property you buy it as is
    it is your fault for not checking previously but I assume as it was old so you got it for a good price at the time
    and thought what a great deal you got
    and really old houses are old and everything needs replacing including the electrical wiring
    we have take responsibility and not expect someone else to pay
    as an owner of a property you always have expenses not like a tenant with zero

  • ssmith88 on 15/03/2019 - 13:54

    I know this is an old post but I am hoping someone is still looking at this…
    I've come into a very similar issue. However I only bought the property in January this year (2019).
    Facts:
    - Non-disclosure of any sewerage line issues
    - I had a building & pest inspection done (no issues of great importance raised)

    We had a plumber come out during the week to investigate a slow draining overflow drain, turns out part of the drainage system has been replaced but not very well, for example:
    - it goes from PVC, to terracotta, back to PVC and then back to terracotta
    - there is 2 meters of an electric eel tool stuck in the pipe
    - there is a 2cm gap between the property pipe and the council pipe down near the road - this has caused the pipe to rise up and the access point is now lifted an inch above the ground in the drive way
    - there are tree roots all through the pipe - a given with a lot of pipes/properties (but just worth a note)
    - there is exposed terracotta pipe collaring in the concrete slab
    - there is spray paint on the slab identifying where issues are (I did not think twice about this when I bought the property). But shows an issue was known
    many more indications. but any help I can get would be GREAT!!! Thank

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