We bought our house that closed escrow on 12-21-01. On the TDS(Transfer Disclosure Statement) and the MLS(Multiple Listing Service) it was disclosed that we were on sewer. 6 months later we found out the hard way that we had a septic tank ...a bunch a sh*t floating around in our side/back yard. We were informed by the health dept. to get hook up to sewer cause we're on a lake, have a creek running through our land, and we didn't have enough land(1/2 acre) to put in a new leach field that had failed. Meanwhile, we contacted the realtor, Century 21, and asked what they knew...they never called back.

In 4 years we have hired a lawyer, went through 3 mediations and 2 depositions.

We were in a jury trial 11 working days with real-estate appraisers, the healthboard, forensic writing experts, plumbers and a civil engineer. All verdicts came in our favor. Century 21 was charged with failure to hold the utmost care as a fiduciary to the sellers and (dual agents) to the buyers, us. Century 21 was to blame 100% thus had to pay our attorney fees (200K) and the sellers attorney fees.

We are approved with the city and county to hook up to sewer which will cost: 24K in permits/hook-up fees and 30K to have it installed. There was additional compensation awarded for future maintenance or problems totaling 83K. We did not get punitive damages, could not prove there was intentional fraud, that's OK.

I have learned so much in the last 3 weeks. Read your contracts and get all your inspections, even if they're not required.

We WON! :banana :banana :banana :banana :banana :banana :banana

Well congratulations, my husband's company had a lawsuit against a company that didn't pay us $180,000 and we had to settle last week, it was costing us a lot more in time lost from work from having to attend hearings and meets, that my husbands company just decided to go ahead and settle, I really don't know what the settlement was (I don't like to get involved in those things) but I know that we lost money, but at least its over and done with. Not really worth the stress for us, but I'm really happy for you, its wonderful that you won. I'm glad to hear that in your case the little guy won, usually there are more stories like mine, than yours.