Buying or Selling a Home/Home issue after buying

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Expert: - 11/22/2008


Question
We just recently bought a home (in upstate NY) 4 months
ago.  The disclosure statement said there were no known
problems with the Septic.  We had a home inspection
performed but did not do the septic test.  Before winter
hit hard here I figured I'd have the septic pumped.  Only
to find out that an illegal system is in place.  Apparently
the old septic had collaped in 2003.  The previous
homeowners dug up the tank and rerouted the sewer line to
empty directly into a drywell.  Technically there is NO
septic system.  I have heard that it is illegal for this
house to have even been sold.  What are my options...?  or
am I just screwed and have to pay for a whole new system
out of pocket?

Answer
Hey, Sean.

Most states require a septic tank clearance when a house is sold. I can't believe New York doesn't. If New York does require such a clearance, then I can't believe that the two Realtors didn't know that, or that your mortgage company didn't know that, or that your home inspector didn't provide such information even though he most likely doesn't do septic clearances.

Since you only bought the home recently, whatever statutes of limitations are relevant would still seem to be in play. Consequently, I say contact your Realtor first, who should then contact the Seller/Seller's Realtor to work on a resolution. If such is not forthcoming, contact a good real estate attorney. Most attorneys will give you a free 30-minute consultation, so take advantage of that.

I certainly don't think you are "screwed" but it might take some time and effort on your part to get to a satisfactory resolution.

Make sure that you document everything. So if you call someone, while you are talking, make notes. As soon as you hang up, transcribe those notes into complete sentences to document everything. Send a certified copy to those to whom you talked so they will know that you have a paper trail.

Good luck.

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Russel Ray

Expertise

Through home inspections, I provide an education about real estate. I'm one of those rare home inspectors who has been involved in real estate in many different capacities: as a Realtor (in Texas), as a property investor/flipper, as a teacher, and as a marketing expert (for Realtors and home inspectors). I believe that my experience as a Realtor and property investor provides me with a different viewpoint about home inspections in that I work for my Clients, but when there are other people involved in helping my Clients, then I firmly believe in helping them, too. That includes Realtors (both the seller's and the buyer's), repair professionals (e.g., plumbers, electricians, etc.). If I can get all the players (seller, seller's Realtor, buyer, buyer's Realtor, and repair professionals) playing in the same sandbox together to accomplish goals as a TEAM (Together Everyone Accomplishes More), then I believe I have succeeded in my job as a home inspector. My profession is, in my opinion, much more than simply documenting the condition of a property and then take the money and run. I am also a rare breed in that I don't believe that one inspection fits the needs of all Clients, and I have led the industry in understanding that fact. For example, the goals of a property investor are far different than the goals of someone buying a property to live in. The goals of a seller (a pre-listing inspection) are far different than the goals of a buyer (a pre-purchase inspection). To that end, I offer 14 different types of inspections, e.g., STANDARD, LIST, RENTER, BASIC, MAINTENANCE, SPOT, and more. I believe in giving the benefit of the doubt to all professionals in whatever industry they represent until they prove me wrong.

Experience

Over 42 years in all aspects of real estate--building homes, renovating homes, inspecting homes, Realtor.

Organizations
National Association of Certified Home Inspector, Better Business Bureau of San Diego

Education/Credentials
Graduate of Texas A&M University; College Station, Texas

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