Expert: Dick Dennis - 1/10/2011

Question
Withing the last 45 days, I purchased a rather new 4 BR house in TN. The house was marketed and sold as a 4BR house, but three days after I made an offer and the buyer accepted, I was presented with a disclosure that stated it was only permitted for 3. Along with the 3BR disclosure, my RE agent also gave me a permit that listed 4BR. I now know this was forged. I didn't think anything of it till my washing machine started a flood in the yard from the last field line after a heavy rain. I called a septic company to inspect and they said the lines were never filled in properly, there was too much water coming off driveway, gutters etc.
Also after I moved in, the next door neighbor said the builder had a lot of trouble trying to get the property permitted. Apparently it was denied at first. It was rectified by putting drain pipes around the field lines to divert rainwater. The ground was marginal to begin with as the county inspector said do not deviate at all from the design sketch.
Also when the septic company was here, they told me the property should have never been permitted because there isn't room for reserve lines. HELP! What recourse do I have?

Answer
You need to contact a good local REAL ESTATE attorney and submit your plight to him, Jason. He will go after the real estate agent (and his broker and insurance company), the builder and the county. Lots of deep pockets there. The real estate agent obviously lied to you. The builder misrepresented what he was selling and the county should have made sure the property was prepared to accept the septic system. Plus if you borrowed money from a bank, they need to be asked why did they make the loan to you if the property is illegal. Do not hesitate. Find that real estate attorney immediately. I wish you well.

Dick Dennis
dixiedee13@aol.com