What is the sellers liability for material defects after closing in NY?
I recently purchased an apartment building in NY.
The attached property condition report has been found to be intentionally misleading. As a result, I purchased the building with a leaking sewage system. After taking possession of the building I found raw sewage leaking into a tarp, bucket and plastic bowl propped up in the rafters above one of the apartments. Once full the sewage would overflow into the apartment – this is how I found out about the defect.
There is a clause in the contract that states “The seller warrants to buyer that: All plumbing (including septic systems)…will be in working order at the time of closing.” Given the tarp, bucket and bowl full of sewage in the rafters, this is clearly not the case. Do I have a case in small claims court to recoup the cost of the repairs?
The closing for this property was in November 2007.
Thanks in advance.
Tagged with: Apartment Building • Raw Sewage • Taking Possession
Filed under: Renting & Real Estate
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Assuming it’s as stated and the property wasn’t purchased as-is, then you need go to small claims or to see a lawyer. Take pictures.
The seller and his agent did not disclose this fact at time of closing so they can be held accountable for repairs. If you have pictures, all documentation including the Purchase contract, receipts,etc you will have enough to file in court. If the seller and the agent claims to not have knowledge show picture of tarp,bucket and bowl in the location found. It would be obvious to the judge that the seller could have know about the problem but did not tell anyone.