Mark Carlisle

You would like to think that a seller would be willing to do what they say they will do in a real estate contract. However, we see situations like this frequently where a seller decides not to provide information for one reason or another. When working for a buyer, we always recommend that the buyer get all of the information before the closing. This is particularly important in Alabama which is a Caveat Emptor or "Buyer Beware" state. Simply put, this means that the responsibility lies squarely on the buyer to determine the condition of the property and all of the systems associated with the property prior to the closing. Once the closing has occurred, the seller walks (or runs) away with very little legal responsibility for the property they just sold. The exceptions to this rule are items that could be a health hazard to the buyer or could cause structural issues for the property.

In your case, the seller should provide this information just to be a good neighbor and to honor what was said in the contract. However, it may be difficult to enforce your claim in a court of law. Another good source of information could be a septic cleaning company in your area. They should be able to locate the septic tank if that is in question and possibly provide information on when it was last serviced.

Mark Carlisle
The Mega Agent Real Estate Team - Keller Williams Realty
Birmingham, AL
205-397-6514 - Mon Nov 10 2008, 22:30