What are my rights if the buyer’s contract showed false information?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

What are my rights if the buyer’s contract showed false information?

I bought a home on sewer only to find out 3 years later I’m on septic. The seller’s disclosure listed septic to the best of knowledge. House listed sewer paid in full, my contract listed sewer and closed escrow without septic being pumped or certified because the entire was assured that I was on sewer.

Asked on July 16, 2019 under Real Estate Law, Arizona


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

You write that the contract listed sewer. Since you did not get "sewer," or what the contract promised, you could potentially sue for the monetary costs the breach caused you--such as the cost to pump out and service the septic. You would sue based on breach of contract, or violation of the contract's plain terms. But note the following:
1) There is no compensation for the the spent on this--the law simply does not provide compensation for your own time.
2) If the seller's disclosure listed septic, then you were on notice that it likely septic. That means that, given that knowledge, a court (i.e. in a lawsuit) could potentially find that the listing of "sewer" was simply an obvious typo or error (since the parties knew it was septic instead) and so is not enforceable (obvious errors in contracts are not enforced).
So you could sue and lose; or sue and win, but get less than you hope, since there is no compensation for time.

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 AttorneyPages.com 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption