Buying or Selling a Home/Septic System

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Expert: - 5/31/2008


Question
We bought a house in 2006 listed on the MLS as a 4 BDRM home. The 4th BDRM is in the finished basement with a egress window and does have a closet.  We are selling our house because my husband is getting transferred to another state.  We listed our house with a realtor in January 2008. The listing stated 4 BDRM.  I checked the listing for our house in early May 2008 and is is listed as 3 BDRM.  We contacted our realtor and he states he was contacted by the County Inspector ( the inspector just happens to live on our street and stated in randomly checks listings???) who stated that he could not list the house as a 4 BDRM ( " or he may have a lawsuit on his hands") because when the septic was inspected it was approved only for a 3 BDRM.  Neither party contacted us the home owner with this information for 2 months.  We are expecting our house to be listed for a 4 BDRM and the listing is changed without us even knowing. My husband talked with the inspector who stated that if we wanted to list as a 4 BDRM that we would have to add additional leech lines at a cost of 2-4 thousand dollars.  If the inspector approved the septic in April 2006 and the MLS listing for the house was dated March 2006 (prior to us buying it) who's responsibility is it to correct this?  We bought this 4 BDRM house expecting to be able to sell it as a 4 BDRM.  Please Advise.

Answer
Hey, S. Yo.

First, a Realtor should never do something without your permission and approval that affects your property. Thus I think you have professional misconduct.

In my 43 years in real estate, I've never heard of a county inspector randomly checking listings. That's not their job. However, I'd have to ask when the septic was inspected. If it was inspected when you bought the property and it was approved for a four bedroom, then someone messed up, or the rules have since been changed. I'd probably contact a good real estate attorney to explore your options. Many attorneys will give you a free 30-minute consultation, so take advantage of that.

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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