Expert: liznarr - 6/14/2007

Question
It was not disclosed to me that the sewer line was not connected.  The seller's agent said that the old line needed to be relocated eventually because it crossed onto my neighbor's property.  They didn't say that when I flush the toilet, etc. the blackwater apparently goes into a half-buried bucket in the back yard.  This can't be legal from the health department point of view, but my question is: Can they even have sold a house with that kind of contraption acting as a fake sewer? (This is the middle of Austin, not the country)

Answer
Hi Mary,

Not knowing all the facts in your situation, I will make some general comments for you below.

If the property was represented as being on a public sewer system, then any buyer would naturally assume that the sewer system is connected and is in proper working condition, unless disclosed otherwise – especially in the middle of Austin.

Is the disclosure in writing that the old sewer line needed to be relocated eventually?  Assuming you were unaware prior to closing of the half-buried bucket, I think you have a strong argument to pursue.

I’m wondering if you had a licensed inspector perform an inspection of the property.  If so, what did the inspection report state?  If you paid for an inspection that did not disclose this problem, the inspector could also possibly have some liability.

What I would suggest first is to gather as much documentation as you can, i.e., MLS printouts, any written disclosures that were provided to you, notes of conversations with agent(s) about this situation, and any inspection reports that were done on your property.  Take pictures of the “half-buried bucket” to document your claim.  Ask neighbors what they might know about the situation.  Last, but not least here, get a written estimate for the cost to correct.  

I would also call the servicing sewer authority for your address and/or your local DHEC office and find out if they are aware of the problem and if any citations have ever been issued.  Explain your situation and ask them some pointed questions, i.e., was there EVER a sewer hookup to this property?  If not, then you have another entire avenue to investigate.

You mentioned a seller’s agent involvement, but what is unclear is whether or not you had an agent representing you – or if the seller’s agent was in Dual Agency (representing both seller AND you).  If you had an agent solely representing you, I would get this agent involved, ASAP.

Sewer lines are most always located within easement areas designated on plats.  If a sewer line supposedly crossed onto a neighbor’s property, go to this neighbor and ask questions, and more questions.  Who put the sewer line in that supposedly crossed a neighbor’s property?  I would think whomever installed the sewer line initially might also have some liability/responsibility.  

The key in your situation is whether or not the seller and/or seller’s agent knew about the “half-buried bucket in the back yard.”  I would think that the seller HAD to have known about this.  Who else would have buried a bucket in the back yard?

After you get as much documentation as possible, may I suggest sending a certified letter to the Seller and copy all others involved:  Seller’s agent, any agent representing you, and also the Broker-in-Charge of any agent involved.  Don’t forget to include anyone who did a home inspection on the property and failed to disclose the problem.  Give a deadline to respond and ask that your problem be remedied immediately.  Your lender, if a loan was involved, may even appreciate notification of this problem, along with the lender’s appraiser.

If this does not get you some immediate results, you probably should retain a good attorney to represent you.

I hope the above is helpful and points you in the right direction.

Good luck to you, and feel free to write again if you have additional questions.

Regards,
Elizabeth