I just purchased a home 1 week ago. To make a long story short, my listing sheet stated that the home had public water and sewer. A few days in we started to notice that toilets were not flushing. Sat an alarm starts to sound in the laundry room. It was for a septic system. We went for three and a half days with no working toilet, water etc. It was never disclosed that the home was on a septic system. Needless to say, we had to spend $500 today just to get it to function, to use the facilities. It's going to cost in total to fix $3,000. We were lied to. the seller knew it was septic. I have a document he wrote out at day of closing that he made out with all of our utilities . One of the names was for an aeration system. Us being new home owners thought that the word sanitation meant trash service. We went to our realtor and were bascially told that they were sorry. I would have never bought this home if I knew it didn't have public sewer. What do I do?
2007-02-26 13:55:25 · 7 answers · asked by Cassie J 1 in Business & Finance ➔ Renting & Real Estate
Yep. Call a lawyer. They'll be able to review those documents and tell you if you really have a case or not. You could also complain to the real estate board and state regulators too. Some states and cities have stricter requirements than others about disclosure. Most require well and septic disclosure as an affidavit signed by seller at closing. If that's what you have, you have a solid case.
2007-02-26 14:00:23 · answer #1 · answered by Yanswersmonitorsarenazis 5 · 0⤊ 0⤋
I'm not a lawyer, just a guy who has owned 11 houses over the years. The ones that were in a city were on public sewers if the town was big enough to own a Sewage Treatment Plant. ALL the rest were on septic systems. Since there aren't any public sewer systems anywhere there isn't a city with a sewer plant, I always assumed the house to be on a septic system unless I asked and found out otherwise. I've had very little problem with septic systems other than having to spend about $150 every year or so to have a "pumper" come pump it out. You mentioned "aeration" which indicates one of the more elablorate kind that does require more maintnenace I've been told. Did you happen to hire a Certified Home Inspector before you bought? Even if you did, I don't know if they could tell when you were about to have problems, since a used house is somewhat like a used car.....things just go out. Some used homes have a warranty, but if you've talked to the Realtor then yours must not. A lawyer may be your only hope. If the listing sheet said it had public water and sewer, that may make your case.
2007-02-26 14:16:51 · answer #2 · answered by Anonymous · 0⤊ 0⤋
You said the listing sheet said it had public water and sewer. You bought the house based on that fact. You should have had a home inspection done before closing and such would have turned up the fact that it was on a septic tank. You may have recourse against both the real estate company and the seller. See a lawyer. Use words like "fraud" liberally.
Sanitation is a word not normally used for a septic system or sewer. "Sanitary sewer" might be, but not just sanitation.
I don't know where you live, but where I am in Northern New Jersey the price for a new septic sytem, which means tank and drainage field, is more mike $15,000 minimum, and can get up over $20,000 real easy. The problem is usually in the drain field, not the tank. It's not cheap to replace.
Sue them, sue them all.
2007-02-26 14:05:55 · answer #3 · answered by Anonymous · 0⤊ 0⤋
I would go back to your Realtor first and find out why this wasnt disclosed - its your realtors job to find these things out thats what there paid for . . at the end of the day you can have an attorney write a letter etc and send to the seller and there realtor to try to get something out of them but then your just left with the court option for the amount your best bet is small claims - you still need to prove they didnt disclose it - they will say they did - no doubt about it - if you hire an attorney and go that route your going to be in for a lot more then the 3k . . . and theres no sure thing even when your in the right once your before that judge - good luck - these things suck when they happen
2007-02-26 14:38:32 · answer #4 · answered by Arnold W 1 · 0⤊ 0⤋
In your case, most likely you can. As long as you have stuff in writing that states the details of the home at closing with the actual condition of the home, you have a case, but you might not be able to recover all the money because of the attorney fees. Be sure to get someone who practices in real estate law. Be sure to document dates of any problems you may encounter.
2007-02-26 14:02:59 · answer #5 · answered by Chad 2 · 0⤊ 0⤋
Didn't you have a home inspection done? That's what they are there for, to point out any issues and give you a full report. I would call the listing broker and complain. I honestly don't know if you have any recourse if you did not have a good inspection done.
2007-02-27 00:31:16 · answer #6 · answered by KathyS 7 · 0⤊ 0⤋
Did you have a licensed inspector view the premises before purchasing?
Talk to a real estate attorney.
2007-02-26 14:03:40 · answer #7 · answered by trentrockport 5 · 0⤊ 0⤋