The evidence, in the light most favorable to the judgment, reveals that on August 8, 1997, plaintiffs and defendants entered into a Residential Sale Contract (contract) for a speculation (spec) home and the lot on which it was built and sold by defendants, Robert and Judy Dwiggins. Approximately one hour before closing, plaintiffs learned that some of the septic lateral lines were on the neighbor’s property. With defendant Robert Dwiggins’ assurance that the lateral lines would be removed and certain other repairs made, as set out in an addendum to the contract, plaintiffs purchased the property. Within a month of moving into the home, plaintiffs noticed seepage above ground from the septic system and promptly notified defendant Robert Dwiggins who sent his subcontractor, G.M. Hartley, to make repairs. Mr. Hartley noted tractor tracks running across the lateral drain field. He told the plaintiff that he believed that the sewage system had been run over by the tractor, resulting in a broken pipe that would cause excessive discharge. Adjustments to the valves were made and a broken manifold replaced. The lateral fines that ran on the neighbor’s property were capped off and eventually removed with additional fines added in replacement. Despite the repairs, effluent continued to leak above ground.