Wilson v. Pepper
In Wilson v. Pepper, WL 562235 (Del.Super. 1995), the seller provided a one-year warranty on the property in consideration of receiving the full asking price. Id.
Within months of moving in, the septic system seeped raw sewage into the backyard of the property. Id.
Despite, the seller making attempts to remedy the problem with fill dirt, DENREC required the purchasers to replace the system. Id.
Furthermore, DENREC issued a criminal citation against the purchasers when they failed to comply. Id. Thus, the Court held that the system failed and that the seller was liable for replacing the system pursuant to the warranty. Id.