Expert: Hans Weber, Licensed Broker Associate - 8/14/2007

Question
QUESTION: we purchased a home 6 weeks ago. The home is on a septic system and we are going to have to replace it. Nothing was  disclosed. After an inspection we found the home needed a roof. We asked the sellers via email. They replied they had been having trouble and had rerouted washer, kitchen and 2 bath sinks to the flower bed. this prove they did know is there any thing we could do?

ANSWER: Hi James,

Thank you for your question.  

I need more details.  There are some strange issues.  Why would anyone reroute washer and sinks into a flower bed?  Usually that would go into a dry well.  Did you have a Realtor representing you?  Or did you buy direct from a for sale by owner?  Does your state have a property condition disclosure form?  You say the owner had been having trouble, do you mean they meant with the septic?

Did you have an engineer do a complete home inspection including the septic?

It sounds like you may need to have your closing lawyer contact their closing lawyer about this.  

Let me know more detail.

Thanks,

Hans

---------- FOLLOW-UP ----------

QUESTION: We noticed when we bought the house there was standing water in part of the yard that never seemed to dry up like the rest of the yard.
Our kitchen sink and  bathroom sink started backing up.
We had the septic tank pumped.
Still continued to have problems
Then we realized we had 2 septic tanks.
Had the other one pumped.
The water still standing in the yard

We dug down around the area where the water was standing
3 feet down, a broken pipe and full of dirt , cement, etc.
We continued to have septic pumps drained.

Then we saw where lines were run to a flower bed.

I emailed the previous owner to see if there were more septic tanks or anything that would help us out to correct the problem.
She emailed me and said, that septic tanks sure are something to get used to . she said they rerouted the washing machine, showers to the flower bed.
and when you use the dishwasher, the sinks would back up.

We know had and engineer to design us a new aerobic system.
To answer your question, a realtor sold us our house.
There was a disclosure form, the previous owner said there were no problems with the septic tank.
The septic tanks would be pointed out to us.
The previous owner did stop by.  We asked him where the septic tanks were, he said he wasn't sure.
We asked him who he used to pump his tanks.  He couldn't remember.
Wondering if we have any recourse.
So far, we have had the tanks pumped at least 5 times in a 6 eek period .around $700.00
And our aerobic system will be $7800.00

Answer
Hi James,

When you were buying the house did you have an engineering inspection and septic testing?  If so, what did the engineer discover about all these things?

Depending on the property configuration a septic can surely have more than one tank involved to process and hold the waste.

It sounds as though the owner knew of the problem and was just living with it to avoid the cost of repairing or replacing the system.  Try to find out what company was doing the work on the system and pumping the septic for the previous owner.  You may need to do some detective work and make some phone calls or ask a neighbor if they remember seeing a septic truck at the house.

Generally the county board of health would be in charge of issuing permits for septic systems.  The system must conform to their specifications before approval is granted for the final certificate of occupancy for a house.  You can visit the board of health and see if they have plans or anything on file for your house.  Any proper repairs or changes also need to be filed with the BOH.  

This might give you a clue as to whether the owners knew anything was wrong.

As far as what they sold you and its condition it seems from what you are saying they knew there was a problem and tried to hide it or as she said live with and get used to it.  But that is not what you bargained for when you bought the house.  Your inspection by a licensed inspector should have come up with a red flag.  

So, you can start with your lawyer writing to them about the situation and ask for some help replacing the system.  The inspector should return to review his findings and see what the condition really is.  If the inspector missed all this maybe they can be influenced to help you with the cost.

You may also check your homeowners' insurance.  Maybe something in that would cover it too?  There are all kinds of policies and it is worth a look.

Hope it works out for you.

Hans