As already said, Alabama is a Caveat Emptor (Buyer Beware) state. This places all the burden on the buyer. This is a huge reason why buyers in Alabama need a licensed agent to help them. However, this is a contact item. First speak with your agent. Ask them to help you with the matter. If this is very important to you, I would also consider speaking with an attorney.
When working with Buyers, I make sure all terms of the contract have been met prior to closing. You would like to believe people would be honest and follow through with what they agree to do, but this does not always happen. Stick to your contract and do not close until every party has completed their part of the deal!

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

Thank you to everyone for you advice. We just purchased the house in April and were told the tank had been pumped w/in a year prior. I have contacted the AL Real Estate Commission to try to get this resolved without turning it into a legal battle. We just want the information we were promised and are legally entitled to. We are baffled as to why this has turned out to be as difficult as it has; especially considering we live right next door to the sellers!

I live here in Pell City so I know the area and the folks. First, see if your Realtor can help you. If you did not have a Realtor feel free to give me a call and I can give you some options so that a lawyer does not have to be involved. If you are just needing to know something about the septic you can find out from the county. Your Realtor is always available even after the close as we keep working for you forever. 205-739-8466

Irritated,

The place to begin is with your real estate agent. The fact that you are dealing with a legal instrument should prompt you to seek the advice of an attorney.

The real estate agent should advocate for you to the extent they can but the actual enforcement of the contract will come from legal intervention.

The first step....contact your agent.

Good luck

You should not have closed without receiving all the information, the biggest thing you had in your corner was holdiong up the closing, now you are stuck fighting. Your buyer broker shold not have allowed the closing to happen without it, hopefull the contract was written as it is contingent upon you receiving ____. Without an attorney you need help from your buyer bnroker and the listing agent. i would advise that you should get an attorney to write a letter on your behalf to the seller and see what recourse you have against them. Good luck with resolving your problem.