Do I have a case? Sewage back up in newly purchased home

[Diana Frasier]

Hi BP Friends, I bought my first rental in San Antonio, TX on 12/31/20. Tenant moved in to start 2 year lease on 3/28/19. Within one week, the plumbing fixtures (toilets, shower, jacuzzi bath, combo shower/tub) backed up with sewage and flooded the house. Plumbers say it has been a long standing issue based on their assessment - there is a very large belly in the plumbing and two separate plumbers say there is no way (in their opinion), that the prior owners could not have known/had issues before.

This was not disclosed. To add to it, the sellers moved out ASAP when we were under contract and had shut off the utilities prior to final walkthrough. They paid for a home warranty since I thought we should delay closing. The inspector did not note any issues and it’s a 2008 build, so he says he had no reason to recommend hydrostatic pressure testing.

All this to say, thankfully a large portion of the $40k repair is covered by insurance. I’m out about $6k and six weeks of misery at this point. From some more experienced landlords, would you take action against the seller?

Thanks in advance for any help/advice. I’m struggling with this situation