Is seller responsible for anything after home is sold

UPDATED: Sep 30, 2022

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Is seller responsible for anything after home is sold

I purchased my home in 11/2015, 12/15 a month later my sewer backed up from a
broken or collapsed pipe out side my home. Since it was not within my foundation
my home warranty did not cover it. Is the seller responsible since this couldn’t
have took place within a month of me being there?

Asked on November 16, 2016 under Real Estate Law, Colorado


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The seller is only liable (or financially responsible) if he committed fraud. That means that he would only be liable if he was aware of some important or significant problem with the pipe or sewer line but, despite being aware of it, hid or failed to disclose that fact. That failure to disclose a material (important) fact can make him liable for the damage or repair cost. Knowledge can shown from circumstances--e.g. if he had sewer back-ups in the months before selling, he should have logically known there was a problem--or from testimony--e.g. if a plumber says that he'd told the owner about  a problem.
On the other hand, if the seller did not know and had no reason to know of the problem, he did nothing wrong and is not liable for what occurs after closing.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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