Home Buying in Woodbury>Question Details

anne, Home Buyer in Woodbury, MN

Need your opinion! I put an offer on a house in Hudson, WI; it needs a new drainfield, who pays, me or current seller/homeowner?

Asked by anne, Woodbury, MN Mon Oct 28, 2013

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It really depends on each of you, you're offer and the terms. i.e. are they giving you a great deal to take it as is? I'm not sure if you have an agent, but I would discuss it with them. Here are some sample options:

1) You request seller to make it code compliant prior to your closing or occupancy
2) You pay for it and possibly request a reduction in sales price to cover expenses and you bring it up to compliance prior to occupancy.
3) You negotiate somewhere in between.

Warmly, Kim (651) 457-HOME (4663)
1 vote Thank Flag Link Mon Oct 28, 2013
You can negotiate the cost possibly, but you will no be able to get a loan or an occupancy permit without a code compliant drainage system...Of course, your agent will advise you, and, of course, you are not obligated to purchase the home. Good luck, anne....Liz, 612-986-4105
1 vote Thank Flag Link Mon Oct 28, 2013
Hi, Anne!

So, what does it say in your purchase agreement? Or is this something you discovered as a result of your inspection? If it's the latter, then those are things that are negotiated between buyer and seller.

It also depends on whether or not it's a bank owned property. Most of the time, banks will not make any repairs to the property, so be prepared for a big, fat NO if that's the case. :)

I'm also wondering if the new drain field is a condition of property transfer in WI. If so, then the work HAS to be done or escrowed for and done in a timely fashion. What does your agent say???? Do you have someone representing you??

Good luck!
0 votes Thank Flag Link Tue Oct 29, 2013
I think you get the point that this is really a question of negotiation compared to whether the seller or buyer are contractually obligated.

In this scenario the drain-field will come up with any other buyer who may consider the property, and septics do not really increase market value....buyers just expect them to be compliant. Therefore, you should have a good chance for getting the seller to pay for it, or most likely just reduce the purchase price and you take care of it. If the seller refuses you will need to decide if this home is worth the price and repair you are paying.

Good Luck!

Christopher Block
651-307-7663
chris.block@imetroproperty.com
0 votes Thank Flag Link Tue Oct 29, 2013
Good advice!
Flag Sun Dec 22, 2013
It would be something to negotiate. Either or neither of you could pay. If the lender finds out it needs one they will not issue a loan until it is repaired, but is it that bad?
0 votes Thank Flag Link Mon Oct 28, 2013
Yes, it's that bad, the house needs a new drainfield (according to the septic inspection). There's no loan.
Flag Mon Oct 28, 2013
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