Yaksich v. Relocation Realty Service Corp.

The plaintiffs are the record owners of certain residential property located in the Town of Grand Island in Erie County, New York. Title to this property was acquired by deed from the defendant corporation pursuant to a contract of sale executed by the parties on or about June 16, 1976. The contract provided that the "seller shall pay the costs of sewer dye test or septic system inspection and provide satisfactory report thereof where applicable”. No such testing was requested or accomplished prior to closing, however, and *411the defendant’s deed was accepted and recorded and the sale completed…