I know there are a number of lawyers on here, but I don't if any of you are real estate lawyers. Either way, I looking for some insight here.

As a result of the flood we had 3 weeks ago, the sanitary sewer backed up and put about 1 inch of nasty stuff in my basement via the toilet we have down there. As I was cleaning out the basement I had 3 different neighbors say 'the exact same thing happened to the previous owners in 2000-1'. (we moved into the house in 2003) This of course, ticked me off to no end.

I reviewed the Residential Property Report they provided when we bought the house and where it says, "I am aware of flooding or recurring leakage problems in the crawlspace or basement." The No box is checked. According to the residential real property disclosure act, section 25, Liability of Seller, the seller is not liable if they had no knowledge of the error, inaccuracy or ommssion or if they believe they had the problem had been corrected.

As far as I can tell, since their neighbor's helped clean out the basement, then they should be aware of it and since I do not have an overhead sewer and the village of Glen Ellyn has no record of permits pulled for sewer work, they did not correct the problem. I supposed a sewer check valve could have been installed, but if so, it was done without a permit and did not function properly. So, then the other option is they lied on the disclosure form.

Section 55 indicates a person supplying false information shall be liable in the amount of actual damages and court costs.

I guess I am wondering if it is worth pursuing the seller over this? Is there a statue of limitations on these disclosures?

DTM - I am not an attorney, but do own a real estate business. I have heard of this situation before and I believe you would have a successful case, so long as you can prove "prior knowledge". That (prior knowledge) has always been the tricky part of the situations I am aware of, but seems pretty straight forward in your case, so long as your neighbors are willing to make/ write a statement of some sort.

As for the statue of limitations, I can't answer that for sure, but I think there is one, and you are still within it. This is a complete guess, but 7 years is popping into my head.

Naturally, you are going to incur some expenses and would have to document your actual losses due to the flooding, so only you can say if it's worth pursing.

I think people are dishonest on these disclosures a fair amount, but most of the time, no one can prove it. Basement flooding is the area I hear the most complaints about.

Dan,

Just a thought...if it happened to the previous owner, it may have been a result of roots in the sewer line. He might have rodded out the sewer line and corrected the problem.

Also, Section 60 works against you.

Section 60. No action for violation of this Act may be commenced later than one year from the earlier of the date of possession, date of
occupancy or date of recording of an instrument of conveyance of the residential real property

Thanks for the replies. I am guessing the expenses to pursue this would probably drain my insurance money away anyway.

Good point on the sewer rodding as well. I am assuming it was not related due to the fact the Village offered a grant program after a lot of sewer backups in the fall of 2001, which is when the neighbors recall this occurring.

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Glen Ellyn may help residents pay to avert flooding damage.

Article from:
Daily Herald (Arlington Heights, IL)
Article date:
November 22, 2001
Author:
Hitzeman, Harry

Byline: Harry Hitzeman Daily Herald Staff Writer

Glen Ellyn leaders are responding to last month's storm that left streets flooded and basements oozing with raw sewage from sanitary sewer backups.

Trustees have agreed in concept to establish a cost-sharing program to help residents pay for two types of repairs that can help prevent sanitary sewer backups that gush in from basement drains and toilets.
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I just hope this grant program still has some money, because I will be looking into getting the backup valve solution.