Should we consider a lawsuit?

[Alexander Schloe]

Friends, 

We recently bought a STR in GA and it seems like we walked into a mess not disclosed by the sellers or picked up on the inspection report.

For example, after closing we walked in to find: 

water in the basement and clearly evident water damage (disclosure said water intrusion eight years ago, resolved and repaired). 

Septic tank inspected and rated for 3 beds (Disclosure rated for 4 beds) 

Septic tank covered by flagstone walkway and addition of house and walkway needs to be torn up to access it, pump it, and add riser 

Flying squirrels in the attic and eating electrical/closet door. Rats in the basement eating electrical (Disclosure: No pests or animal intrusion) 

 We bought from afar so we are partly at fault but I certainly cast some blame on the inspector (who picked up none of the above) and sellers for not being honest on disclosure. I understand that litigation is expensive but, at what point is it worth it? 

Thanks for your thoughts and time! 

[Collin Hays]

Litigating is good money chasing after bad.  You'll spend twice as much on lawyers as you will actual damages.  This is a risk that you take when you buy a property sight-unseen.  Sue yourself, and pay yourself $5,000 in damages (stupid tax) to fix everything and move along.  You do not have a cause of action against the inspector - read your contract.  You likely don't have a cause of action against the seller, either.  Failure to disclose is a tall bar in the court room.

Allow me to address each of your items:

Water in the basement is not uncommon at all, and it likely is a simple fix.  

The septic tank deal isn't an issue unless you make it one.  There are thousands of properties with a 1 bedroom septic permit that are sleeping 8 people.

The septic tank has to be covered by something.  What's wrong with the flagstone?  If you want to add a riser, add a riser.

Squirrels are not in attics in the summer.  So unless this is in Alaska, there's something amiss here.  Call your local pest control guy and have him take care of the rodents above and below.

If you have purchased a house sight-unseen, it is highly unlikely that you will find it in the condition that you expected to find it in.  I'm not placing blame - I once bought a cabin sight-unseen, and when my sister arrived to take a look at it for me after I bought it, she was crying over the phone over what I had done.  I spent $30K on it, but it turned out to be one of the best investments I ever made.

Focus on getting the place fixed up and move on.