William Cantlin III claims he insisted that any house he bought must be connected to a public sewer system, and that”™s what he thought he got when he bought a house last year in Cortlandt Manor.
He quickly discovered that the house was actually on a septic system and, worse, that the system had to be replaced.
Cantlin sued Keller Williams Realty and broker Dennis Raffa, who represented him in the transaction, and River Edge Properties and broker Mary Gomes, who represented the seller, Feb. 24 in Westchester Supreme Court.
Had he known about the septic system, Cantlin claims, he would not have bought the home.
Neither Keller Williams Realty of Baldwin Place nor River Edge Properties of Ossining responded to emails requesting their sides of the story.
Cantlin, of Rockaway Park, Queens, began shopping for a home in January 2020. A 1,106-square-foot house on Frederick Street in Cortlandt Manor seemed to fit the bill. It was built in 1954 and included three bedrooms and one-and-a-half bathrooms.
The homeowner disclosure statement indicated that the house was connected to a public sewer, according to the complaint, and that taxes included a sewage charge.
Raffa knew that a public sewer connection was a prerequisite for any house he would consider buying and Gomes told him that the property was connected to a public sewer, Cantlin claims.
Last May, Cantlin bought the house for $323,500, according to property records, from MAFA Real Estate of Cortlandt Manor.
Cantlin quickly “became aware” that the property had a septic system that was not connected to a public sewer.
Raffa paid $500 for an inspection, the complaint states, and the inspector determined that the septic system had to be replaced.
Now Cantlin has to replace a “faulty septic system that should have been disclosed, inspected, repaired or replaced prior to purchase.”
He accuses the brokers and their companies of failing to verify the accuracy of the property listing.
He charges River Edge Properties and Gomes with negligent misrepresentation, and Keller Williams and Raffa with breach of fiduciary duty. He is demanding unspecified damages.
White Plains attorney John W. Keegan Jr. represents Cantlin.
