My guy wants to hydro jet our drain. I know that it transitions at some point from iron to orangeberg, and from what I know of orangeberg I'm afraid that it's likely to blow it out. Is that a legitimate fear?
Yeah, you disclose it as a feature: High ceilings, crown moldings, hardwood
floors, Orangeburg sewer line. Around here high voltage transmission towers
close to a house are often listed as "green space".
On Wednesday, May 6, 2015 at 2:57:40 PM UTC-4, bob haller wrote:
Here we go again. What law says you have to disclose having orangeburg
in the drain pipe system? Disclosure laws vary from state to state, but
I'll bet none require disclosing it. NJ certainly doesn't require
disclosing it, as long as to the best of your knowledge it's
working OK. Most homeowners wouldn't even know what they have it.
Now if whatever pipe he has is getting clogged up regularly, it's
been a continual problem, the underlying cause hasn't been fixed,
then I would agree that would need to be disclosed. But that's
without regard to what kind of pipe it is.
Also, it sounds like it's being assumed that the "drain" is the
sewer, which it may be because he says it transitions from iron,
but it could be some other type of drain, eg, for gutters, etc.
where orangeburg is also used.
On Friday, May 8, 2015 at 9:23:18 AM UTC-4, trader_4 wrote:
my neighbor failed to disclose a known issue witha occasionally faulty sewer line, and sold the home.
some months later the line backed up, the new owner went after the old owner who had to pay 10 grand for a new sewer line. plus restoration of the yard.
all avoidable if she had disclosed it at house sale time.
i sold my moms home some years ago after she died. the disclosure form asked about every home system, and one disclosure question was does it have orangeburg?
On Friday, May 8, 2015 at 5:34:04 PM UTC-4, bob haller wrote:
Knowing you have a drain line that has a regular issue where it
doesn't work, backs up, requires non-routine attention, is different
from what material your drain line is made from. I agree that if
you have a sewer line that is regularly getting clogged, you know
about it, then disclosure is typically required and if you don't
disclose it, you may be liable.
Because it's on one form, someplace, doesn't mean it's on every
form, everywhere. It's not on the NJ list of disclosure questions, nothing
even close to it is. If you have a link to that disclosure form,
I'd be happy to see it.
There are many real estate contracts which can be used in a transaction; one of which is the "as is" contract.
I would suggest a lawyer draft the contract in order to protect the seller from future litigation.
On Saturday, May 9, 2015 at 9:43:17 AM UTC-4, Mayhem wrote:
Also what Bob fails to account for is that if the seller had disclosed it
at the time of sale, what would the buyer do? Just pay the same price
anyway? Most likely they would have wanted the 10K discount off the price.
So, strictly from a financial position, what's better? Taking a $10K for
sure haircut today or taking the chance that the buyer *might* come after
you at some point in the future and *try* to recover? At which point you
could say, get lost, I'll give you $3K, $5k to settle, etc.
Note I'm not saying if you have a real known problem that is required
by law to be disclosed, you shouldn't disclose it. Just that disclosing
stuff that isn't required to be disclosed on the theory that someone
might come after you later, doesn't make sense to me. If a disclosure
form requires you to answer about orangeburg and you know you have it,
then I would agree it should be disclosed. But just because you know
you have it, if there isn't some actual ongoing problem, I would not
be telling anyone about it.
anyone can do anything. as my neighbor found out spending about 15% of the homes value to take care of the cots of a known issue.
now lets say OP fails to disclose it, and later gets the line hrdro jetted, at which point the line totally collapses and must be replaced....
the disclosure forms I signed had places like is their anything else that can effect the home??
there were news reports of a seller that failed to disclose a murder had been commited in the home......
they got sued for big bucks
remember getting sued will likely require hiring a lawyer, to protect you. they can be very costly
On Saturday, May 9, 2015 at 12:21:15 PM UTC-4, bob haller wrote:
You said they had to pay $10K, so doing the math, they sold
the house for $65K?
What specifically is the "it" they are failing to disclose? Just
the existence of orangeburg pipe?
It could. And the buyer *could try* to come after you. As someone
else pointed out, it also depends on what the sales contract says
with regard to for example, selling it "as-is", with no warranties
expressed or implied, etc. At which
point you could tell them to get lost, or offer a couple thousand to
settle. From a practical standpoint, about all they could do is
threaten you or take you to small claims. It's not worth the cost
of a lawsuit on the chance you might prevail and recover the cost
of a new sewer line. Would you roll the dice, incur the legal fees?
You could wind up paying for the sewer line and an equal amount in
Somehow I doubt that they have questions as open ended and non-specific
as that. And even if they do, is the typical home seller supposed to be
an expert and predictor to somehow indentify *anything* that might affect
the home in the future?
That goes both ways. It's actually more costly for the person
bringing the suit, because they have to go first, so they are going
to start running up legal fees before the defendant.
You can live in perpetual fear of being sued. You can disclose anything
and everything under the sun, that isn't specifically required.
For example, you can go take a look at the roof to try to figure out
how much life it has left and then "disclose" that you *think*
that itmay only have 10 years left. Wait..... Maybe you're wrong
and it only has 5 years left, better make it
5 or 3 to be safe. So, now the buyer wants $10K off the price for a new roof.
I say, the roof isn't leaking, it's functional, not my problem. You want
to try to sue me later, if the roof leaks someday, go ahead, see how far
you get. I'm willing to take my chances.
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