The day after we closed we discovered the septic system did not work properly. We were told by the owner that there had never been any problems.
2006-08-17 11:33:47 · 12 answers · asked by Denette B 1 in Business & Finance ➔ Renting & Real Estate
Have the system inspected. They could probably determine when a problem started. If it started while the owner had possession of the house, and did not disclose it, you can sue them for the cost of repair.
It would be helpful to get a lawyer.
2006-08-17 11:39:41 · answer #1 · answered by Anonymous · 0⤊ 0⤋
Laws vary from state to state, but in general --
As a buyer, it is YOUR responsibility to have the property inspected. It is YOUR responsibility to make sure any necessary repairs that you expect the seller to pay for are spelled out explicitly in whatever written sales agreements are involved, usually this is done as contingencies on an offer to buy.
It is the SELLER'S responsibility to disclose any mechanical or structural flaws that would make the property unsuitable for occupancy.
You've closed. It's your house. It's your problem to fix. The only way to force the seller to cover repairs is to convince a judge that the seller knew about the septic system problems and failed to disclose that information. If you think that's the case, call a lawyer and/or your realtor.
2006-08-17 11:55:59 · answer #2 · answered by Gitchy gitchy ya ya da da 3 · 1⤊ 0⤋
Regarding those who answered about the disclosure. If they didn't disclose any such problems, then you have to prove they didn't know.
Otherwise, unless your purchase included a warrantee of the septic system, you may be out of luck. You bought a used house, not new. Things will, sooner or later, fail, and you will have to make repairs.
I don't know about your state, but California requires inspections of properties before deeds are transferred. If your house had such an inspection and PASSED, it only strengthens the sellers case.
I know it doesn't sound fair, since you JUST bought the house. But it's much like a used car. It could be running fine and suddenly the transmission falls out. It doesn't always give a warning.
2006-08-17 11:55:22 · answer #3 · answered by Vince M 7 · 0⤊ 0⤋
Depends. Did your contract require the septic system be certified as in proper working order? If so, did they? Shame on your broker if not required by contract. They may have some liability in this as they would have been deemed as not properly represented your interest as a Buyers Broker in TN.
You may have to pay the "honey truck" fee and see what an attorney says. Septic systems require being pumped every 6-7 yrs as a rule of thumb. That should be on a disclosure somewhere unless your state does not require such. It is a big deal in TN.
2006-08-17 19:46:14 · answer #4 · answered by hithere2ya 5 · 0⤊ 0⤋
Depending upon what state you're in, you may have legal recourse. In Colorado for instance, there are "disclosure" requirements that dictate the seller must disclose problems prior to the sale. If the seller fails to do so, the buyer can sue the seller.
If your state has such a law, I'd raise the issue with the seller. But I think you're going to have to be able to prove that there were known issues before the sale.
2006-08-17 11:48:56 · answer #5 · answered by Foreign Correspondent 1 · 0⤊ 0⤋
Did the seller provide a home owners insurance policy that might pay for the cost? That is standard at least here in Utah.
You are correct though. You may want to talk to the real estate agent who you worked with, and they may be able to solve the problem. After that, you may have to go to court.
2006-08-17 11:42:08 · answer #6 · answered by powhound 7 · 0⤊ 0⤋
No unless it was estipulated in the sales agreement. After the sale is done the house is yours. The only thing you can go after them for if any liens on the house that weren't disclosed before the sell, like for example, if they owed the city hall money for connecting them to the sewer system after sealing a septic tank.
2006-08-17 11:41:25 · answer #7 · answered by Eve 2 · 0⤊ 0⤋
Unfortunately not, this is what the option period in your contract is for, so that you can pay for the time to have your home inspected and then re-negogiate any repairs with an amendment to your original contract before you close.
2006-08-17 11:40:41 · answer #8 · answered by trickygirlb 5 · 0⤊ 0⤋
you needed to have checked BEFORE, if they sold it to you and they said they had no problems they knew about, you would have to prove they did know about it and sue them. Compare the cost of a sneaky lawyer at 150-250 an hour to just repairing the thing yourself
2006-08-17 14:09:07 · answer #9 · answered by Anonymous · 0⤊ 0⤋
If ya can prove they knew it...maybe ..50-50 chance Thanks <:3 }~ Did you buy it as is ? Laws change from state so not sure
2006-08-17 11:40:53 · answer #10 · answered by pitterpatter47 5 · 0⤊ 0⤋