Armond Benton, Home Buyer in Plantation, FL

Who is responsible for a septic tank even though the listing and HUD listed as Sewer?

Asked by Armond Benton, Plantation, FL Mon Jul 14, 2014

I purchased a Home less than a month ago. We found out that the house is not hooked up to city sewer and that only one bathroom was hooked up to the septic tank. I looked at all of my inspections and appraisals and they both say that the home is to sewer. I contacted the seller and they are having some one come out to look at it an connect to the existing line. My problem is that I thought I was purchasing a home with city sewer, not septic tank. What can I do?

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I would try to determine the source of the "misinformation." Where did this information come from? Seller, agent, tax records, etc. If you read the printat the bottom of each MLS page, it will likely say something to the efferc, "Information deemed reliable but not guaranteed. Parties are advised to verify."

I would agree with you that there should be some level of accountability here. In situations like these you may require legal support but I would investigate first, present the information to the parties involved, and see how they wish to respond and seek the advice of an attorney.

Someone made a big mistake here and you shouldn't be expected to accept it.....

Good luck,

1 vote Thank Flag Link Mon Jul 14, 2014
The important thing is that you are getting the problem resolved. I think you should try to find out where the bad information came from. Once you know that, you should be able to figure out how to resolve it. There might be legal action you can take, considering that you bought the house under false pretenses. I would definitely suggest talking to a lawyer about that first though. Hopefully you can get this all straightened out. It's definitely not great to have to deal with this.
0 votes Thank Flag Link Tue Jun 16, 2015
You mentioned this was a HUD property. HUD typically has a disclaimer that the information contained in listings is not guaranteed for accuracy. They do not warrant the condition of the properties and will not pay to correct defects or make repairs. Whether you can get some sort of remedy from the seller at this point is probably best left to an attorney, who can review all of your documents with you and then suggest what options are open to you.
0 votes Thank Flag Link Thu Jun 4, 2015
I think you should go back through the seller and your realtor. Hooking up to a sewer system is extremely costly. If your septic tank is in good shape, then I'd recommend leaving it. Either way, though, the seller should be paying restitution for non-disclosure.…
0 votes Thank Flag Link Thu Jun 4, 2015
It sounds to me that you have a case on your hands. I would contact an attorney and pursue a resolution. I find it hard to believe that the seller did not know that the home is connected to a septic tank. How long did it take you to find out? One month? Was the property a bank owned? or perhaps part of some ones estate? The only possibility for the seller not knowing that it was hooked up to a septic tank is if the seller never lived in the home.

Best of luck,

Alex Montelongo/Broker
Coldwell Banker Star Realty
562-810-7387 Cell
BRE Lic #01456982
0 votes Thank Flag Link Sun Aug 17, 2014
1st thing you should try and do is to find out where the information came from. It's possible that it came from the county, most listing realtors rely on the county for much of the listing information. Once you find the culprit ask them what they plan on doing to rectify the situation. It would always be a good idea to get legal advice on how you should proceed. Good Luck
0 votes Thank Flag Link Sun Aug 17, 2014
So sorry that happened to you. In our area of the country, most homes have septic tanks. You shouldn't be scared but informed. I would speak with an attorney about the mistake made by all parties. The current system should be inspected and proven in good working order.
0 votes Thank Flag Link Wed Aug 13, 2014
I would certainly talk to an attorney. I wouldn't want a home with a Septic and it's impossible for the home owners not to know it was on Septic. If they lived there a while, they had to have it pumped. Being that you didn't know it was Septic you obviously couldn't have it inspected prior to buying. A Septic system that needs to be replaced is very expensive. I would contact an attorney and demand that the sellers pay for the home to be connected to the sewer. You also have to find out if the Tank needs to be removed. Make sure you keep copies of the disclosures you were given.
0 votes Thank Flag Link Wed Aug 6, 2014
WOW!! I would first call the listing company and ask where they got their information from. I'm kind of curious to see how you discovered this fact. I really don't know what the recourse is after you have already closed but you may want to consult with whomever the closing attorney was for this home.

Good Luck!!
0 votes Thank Flag Link Wed Aug 6, 2014
Lawyer time for you. Good luck.
0 votes Thank Flag Link Mon Jul 14, 2014
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