Expert: Jim Root - 4/26/2010

Question
We purchased our home in Kingsport, TN in 2006.  We are now in a lease to purchase agreement with a buyer and hope to close this summer.  However, it has been brought to our attention that the location of the septic tank may technically be illegal.  About 30 or so years ago renovations were made to the home and the car port was turned into a family room.  The former septic tank, without our knowledge, was about 25% under the slab of this former car port and is now technically under the living space.  In addition, the septic tank may be too small for the home regarding present day standards.  When we originally purchased the home, the tank location and size was not disclosed and until we began renting the home, and we were never aware of any existing problems until the renters/buyers began occupying the space.  First, is the fact that the location and size of the tank was never disclosed by the former owners against any real estate laws and are we protected as the buyers/owners.  Also, since the renovations of this former car port were done in the 70's (or there about) would the tank location and size be "granfathered" in.  Lastly, we have renegotiated the price of the home and contract with the buyers/renters and have taken $10,000 off the price of the house with the agreement that the new buyer intends on fixing the septic system once he owns the house.  He is purchasing it in "as is" condition as well.  Can the buyer now turn around and further negotiate the purchase price because of issues that are now fully known about the septic the the existing issues were never disclosed to us in the first place?  In addition, if the buyer backs out of the deal, are we able to still sell the property as is if we disclose the septic issue or is the house "condemned" due to the tank location despite the age of the renovations?

THANK YOU SO MUCH FOR YOUR HELP!!

Answer

Hi RECHELLE--

None of us "Out-of-Town EXPERTS can answer the "hodge-podge" of questions you're posing here!
You've got a mixture of questions on a variety of "connected:" subjects,some covered by Federal and/or State Law, others by County or Community Building or Zoning Codes,such as "Grandfathering" of non-compliant construction, misplacement of and/or inadequate sanitary facilities, negotiations between Buyers & Sellers,etc, etc, etc!

Every State, County and/or Municiplity --including Kingsport TN--has it's own rules and regulations. You need an Attorney from the Kingsport area to hel;p you sort ths out and give you legal opinion, advice and guidance. If you can't afford a Lawyer, contact the closest Legal Aid Society OR the nearest Office of the State Bar Association. Either of these organizations may find you an Attorney who will work "Pro Bono" (Free) for you.

Sorry we can't help you further than to a Lawyer, but that's what you need! GOOD LUCK!

--JIM