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Seller Likely Knew Of Sewage Issue But Didn't Disclose

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My wife and I recently bought our first house (we live in Missouri) in late October and within the first 3 or so weeks, our basement started flooding. The issue ended up being caused by roots growing through our sewage pipe in 5 different spots. We had a plumber remove the roots and he gave a price estimate to repair the pipe that was absolutely ludicrous ($26k lmao). We had a different plumber come out and he said he'd replace the whole pipe for $9.5k.

The second plumber to come by said that he had already been to this property a few years ago (I think) and ran a camera through the sewage pipe at the request of a real estate agent (not sure if it's the same one that we dealt with when buying the house), and he found roots throughout the pipe but they never requested that he remove them.

We had a home inspection before buying but they never offered to run a camera through the sewage pipe and I didn't think to ask because I was worried about other issues.

The seller was a flipper who finished (most of) the basement and then sold it. I am fairly certain that they knew of this issue but did not disclose it. Both plumbers that I've had out here agree that the seller probably knew.

As far as I can tell, there aren't any laws in Missouri that require the seller to disclose this info. However, a lot of my friends and family are suggesting that I try to find a lawyer but I don't want to waste money on a lawyer unless we have a chance to win. I reached out to the plumber to see if he could find out when he first came to the house at the request of a real estate agent. I don't know if he's legally allowed to name who had him come out here, but if he could we might be able to prove that the seller knew. There's a chance that the seller did not own the property back then, but I still feel like he definitely knew.

There was no seller's disclosure (I know, red flag but too late now) so all we got was the lead based paint disclosure since the house was built in 1959. I've read that since it's a "latent" defect (couldn't be discovered during inspection) the seller has to disclose it if they knew about it, and I MIGHT be able to prove that they did. However, idk if that applies to Missouri.

Even if that doesn't apply, I read that licensed real estate agents are required to disclose "all adverse material facts actually known or that should have been known" by the seller (Missouri Rev. Stat. § 339.730.1). The seller used a licensed real estate agent, but I don't know if the seller informed their agent of the sewage issues.

Any advice would be appreciated.

TLDR: bought a house in Missouri. Sewage pipe had roots in it. Seller probably knew, but didn't disclose. Might be able to prove that they knew. Wondering if it's worth seeking a lawyer.

EDIT: I didn't convey this clearly in my initial post, so I'll put it here. I don't plan to pursue legal action if we are unable to prove that the seller knew. I'm mainly wondering if we would even have a case if we ARE able to prove that the seller knew.

submitted by /u/fullofpee
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