Is the previous homeowner liable if they knew a septic system was failing and didn't disclose at time of sale?

Question

We bought a house in April 07 in Warren County Ohio. We have been having problems with septic since moving in. The leach field is not draining (clogged) and groundwater fills the septic tank within hours of pumping. So far the first quote to add extra leach field is $4100 dollars. I just found out that the previous homeowner knew that the system had failed in 2005. They filed for a permit (with the county board of health)to have the same work done and it was approved. The work was never done and the homeowner abandoned ship. They never disclosed any of the problems with the septic/leach system. Can they be held liable at this point? We did not have the system tested because the home inspector told us the county inspected the systems yearly. Is there any way to take the previous homeowner to small claims court/other to recover some of the cost? After all, they were completely dishonest. If we would have known we wouldn't have purchased the house!!

I also pulled my disclosure forms from all of my paperwork. The previous owner checked the boxes that stated that there are no known issues with the septic/leach system, and no known issues invloving drainage from the house. If I had to guess I would say we've caught her red handed.

I now have the papers from the board of health that state she knew the system had failed in 2005.

Answer 1

It all depends on the Real Estate laws where you live. If, when you say, you caught him red handed, that doesn't mean much. You would have to prove he didn't know there was a problem. If he had work done on it and you could prove it, then he deliberately threw you off, then you might have a case.

It's happen in Michigan where there have been fires that go back years and, haven't been disclosed.

I would suggest, because of what it may cost (a lot more then your quote) your better to seek the advise of counsel and see what they tell you. Good luck.

Answer 2

By the time the system is failing, (wet spots in drain field, or even worse, the plumbing in the house backing up), you are in for some expensive repairs! The best cure is prevention. Never put anything down the toilet except for human waste and toilet paper. Feminine hygene products should be wrapped up in a plastic bag and put out with the household trash. Don't pour grease down the kitchen sink, pour the grease and fat into a tin can, covered in the refregerator. When the can gets full warp it up in a plastic bag and put it out with the trash. Use liquid laundry detergent. The powders leave some residue that will fill up the tank quicker. Ditto for dishwasher detergents, if you are on septic, the gels are better. Have your tank pumped on a regular basis. If you pump too often you won't hurt anything, but if not often enough, the sediment will build up to the point where it leaves the tank and clogs the drain field, requiring an expensive repair. How often you need to pump depends on the size of your tank and how many people are in your household. If you have a small tank (under 1000 gallons) and a large family, you may have to pump every year. If you are single (like myself) and have a larger tank, you can go 15 years between pump outs. If you don't know when your tank was last pumped, get it pumped now! Your pumping contractor can tell you the size of your tank, and you can then tell when you will need it to be pumped again based on the size of your household.

Answer 3

Read your contract, if your not carefull you can wave the discloser for lead based paint, radon, surveys, etc. When you wave your basicly buying AS-IS.

The things your going to have to ask yourself prior to sale.
Did you request a septic system inspection?

Let the buyer beware. The day's of a handshake is your word is over.

Sounds like you got them over a barrel, before you get a attorney provide all info to the person you purchased it from and negotiate a solution.

That $4100 is going to build a top of the line septic system that meets all of todays standards, depending on the age of the house you purchased, those standards will not even come close.

Probate the system, in my opinion a 50/50 spilt would be fair, and all the money spent on lawyers ($50 per confernce call) can be applied towards a brand new septic system

Answer 4

I'm not sure about the laws in OH, but in most states they have to disclose it if they knew about it. I don't know what they are liable for, but at $4100 it would be worth talking to an attorney.

Answer 5

well Mr.at the time of a sail but before the closing day the ex owner is responsible for the repairs.if the new owners know that septic system was bad,but he do nothing ,or SD nothing,and is no guaranties ,thew owner it tack the responsibility always check, before you buy.

bed speller

Answer 6

Time to talk to a lawyer, especially if you bought the house as is and with out a sellers warranty...I would also tale to the Realtor about it too....