What will it cost to hook it up to the sewer?

Ask the attorneys if they will write a letter for a set price before you pay a retainer. You should be able to get a letter drafted for about $200. Send the letter certified mail, return receipt proposing your solution and threatening legal action if not settled. If the sellers think you've paid a retainer and are serious about taking them to court, that initial letter may be all you need. Sometimes the threat of legal action is enough, and a letter from a lawyer makes the threat seem very real.

Have you tried what I mentioned earlier about getting the broker(s) to assist you? I also stand by my recommendation of Smith Scholar.

The FHA said that there was nothing that they could do. the person that I talked to said that this could possibly be resolved in small claims court. It has been difficult finding an attorney that does not claim to have a conflict of interest. The one attorney who said that he would take the case said that it would most likely cost us $5,000 in lawyer fees because it would most likely go to trial with all parties pointing fingers at each other.

The inspector was from HomeSafe.

All that we are asking is for the house to be hooked up to the city sewer and for the costs of having it pumped. (It fills up after about two weeks.) It costs $250 to get it pumped so it is getting costly.

"" Item 6 states, if the house is not connected to public sewer and it is available, the seller agree to pay for it to be hooked up. The seller countered item 6 stating, "The property is already connected to public water and public sewer system". ""

Take this to a real estate attorney. You may also take the opportunity to discuss this with your lender, and the federal housing administration. If *they* feel like they have been defrauded -- you may have a very powerful partner in all of this... http://www.hud.gov/local/index.cfm?state=tn

It sounds like the homeowner's disclosure / FHA 'counter' might be interesting to examine.

To be fair to the agents involved, if they were led to believe (in writing) that the house was on sewer - its technically not within their scope of expertise - they probably had no reason to suspect otherwise. The inspector taking ANYONE’s “word for it” is bogus, but even bad inspectors will have tons of disclaimers.

Where did the inspector come from?

kevin pellatiro (615)714-7918 kpellatiro@realtracs.com http://signswemustobserve.blogspot.com/

As for the inspector no, he stated that we were on public sewer per real estate agent. Isn't it the listing agent's responsibility to verify to his/her best ability that the property is listed correctly. Please see attached document.

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You seem bent on holding the agent responsible, but frankly, I think there's enough blame to go around.Including the title company and your closing attorney. In the end I believe the seller is responsible, but that's just my opinion.

In the end, I think the key word is "unknowingly."

First, think about what the resolution is that you want. What would remedy the situation for you? If they paid to have the septic tank cleared would that be acceptable? If they cleared the septic tank and paid for the house to be connected to the public sewer, would that be acceptable to you?

All real estate agents and brokers are required to carry errors and omissions insurance. Before you pay a retainer to an attorney, you may be able to go directly to the broker of the listing office and get the situation remedied. I would make it clear you are prepared to take legal action. I would try that, and let that broker talk to the sellers. Your agent's broker may also be a good person to fight for you. If you can't get a resolution that way, then yes, talk to a good real estate attorney.

I've heard Smith Scholar are great real estate attorneys with reasonable rates. Fortunately, I've had no need for a real estate attorney outside of normal closings, and the attorneys I've worked with primarily just handle documents and closings. They are not litigators to my knowledge. http://www.smithscholar.com

Also, if the seller stated the property was connected to the public sewer, the listing agent could have made an honest mistake. Yes, they should have checked the tax record, but they may have missed it and felt they had no reason to doubt the seller. Realtors are not home inspectors, appraisers, attorneys, tax advisors, yada yada yada. Just food for thought. Negligent, yes. Dishonest, probably not. After all, you have in writing where the seller stated it was connected to the sewer.

The only thing that we signed that did not have a disclaimer directly attached to it was the Seller's counter offer regarding the FHA Addendum. Item 6 states, if the house is not connected to public sewer and it is available, the seller agree to pay for it to be hooked up. The seller countered item 6 stating, "The property is already connected to public water and public sewer system". As for the inspector no, he stated that we were on public sewer per real estate agent. Isn't it the listing agent's responsibility to verify to his/her best ability that the property is listed correctly. Please see attached document.

This is not going to be any fun at all, and I am sorry you have had to live throug this at all -- but you may have some recourse available.

First - call a great real estate attorney. There is nothing more expensive than a cheap attorney.

Second - in your paperwork, is there any written indication of septic or sewer that did not have a disclaimer attached to it?

kevin pellatiro (615)714-7918 kpellatiro@realtracs.com http://signswemustobserve.blogspot.com/

Your inspector didn't catch that it was hooked up to septic?