Home Buying in 27519>Question Details

Pgs, Home Buyer in 27519

i recently bought a house and then realized it does not have a septic system. i do not have 5000.00 to have one installed whose responsibility ????

Asked by Pgs, 27519 Mon Nov 21, 2011

i was told it had a functioning septic system can i force the realtor or seller to pay for this ???

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NC Real Estate Law requires that Seller's provide a Property Disclosure that describes the avaiability of utilities (or lack thereof). Whether you used an Agent or not, if the Seller failed to provide you with a Property disclosure, you may have recourse.

I suggest you contact a NC licensed real estate attorney to explore your options.
I use Jonathan Sizemore from Adams and Howell. He can be reached at 919.235.0060.

Scott

Scott Korbin, MBA
Broker In Charge
The Scott Korbin Team
Triangle Home Masters
An Affiliate of Coldwell Banker, HPW
(919)677-9911
(919)606-4500 (Cell)
1 vote Thank Flag Link Thu Jan 26, 2012
I agree with Ron and Jim, although it is hard to answer without knowing the full scenario.

Questions for you:

Did you buy new construction and it was not completed?

Has anyone ever lived in the home? If so, they had to have some type of system.

If you were told it doesn't have a septic system, do you think they could have meant that it is connected to city sewer services? If you have city services then you shouldn't need a septic system. I happen to think this may be the case, many people do not understand the difference. I recommend a quick,friendly call to your Realtor and ask them to clarify.

Best of luck!
0 votes Thank Flag Link Thu Dec 15, 2011
It depends on who told you it did when it doesn’t. Did someone steal it?

For some reason I believe there is more to this story than you are sharing. My guess is you bought someone else’s train wreck because it was a GREAT deal. If the previous owner bailed, he probably doesn't have $5,000 either.
0 votes Thank Flag Link Fri Dec 2, 2011
Wait!
Time Out!

If it doesn't have a SEWER system, it MUST have a Septic System!
It MUST!

If it is an older home, they have had SOMETHING!
And if it is a newer home, they couldn't have gotten a Certificate of Occupancy without it.

Many Septic Systems are hard to find; even a Septic Plumber has trouble.
Shame on you for not getting a SEPTIC INSPECTION is you were told it had one.

Now call a Septic expert and have him FIND it.

Good luck and may God bless
0 votes Thank Flag Link Fri Dec 2, 2011
Contact your Buyers Agent and the Title Insurance company.

The Listing Agent was required after Aug 1 2010 to deisclose the Septic System. IF one was Known and on file with Wake countly Public Health.

If no septic system was on file with Wake Public Health, there is not much option.

What are you doing now for a Septic system? Or are you conected to Cary's public works system?
0 votes Thank Flag Link Fri Dec 2, 2011
Didnt you have a septic inspection before buying? First thing did you have an ageet represent you? if so you need to look at them first as they should have guided you through the purchase. If you did not have an agent then did the seller or the agent disclose in writing that teh septic was functioning? You may want to meet with an attorney as most courses of action are legal in nature. good luck working things out
Web Reference: http://www.ScottSellsNH.com
0 votes Thank Flag Link Mon Nov 21, 2011
Whoops.

I'm not a lawyer, so what follows is not legal advice. For that, you need a lawyer.

Did you have a home inspection? If so, what did the inspector say?

On the sales agreement, what was listed: city sewer or septic? Or neither? The listing agent should be responsible for putting together an accurate listing. If the listing indicated there was a sewer system and there wasn't, consider going after the listing agent. Or if the listing agent indicated there was city sewer and there wasn't, again that's the agent's error.

If you bought directly from the seller, did the seller make any representations in writing? If so, a lawyer might suggest that you go after the seller.

So, basically, if someone told you in writing that the house had a functioning septic system (or told you that it was hooked up to the city system) and that information was incorrect, your first course of action would probably be to pursue the person who put the statement in writing.

If someone just "told you" that it had a functioning system, but nothing was in writing, your task is much, much more difficult. Real estate transactions generally must be in writing. Oral agreements are legal but are not enforceable. (Check with a lawyer.)

Check with a lawyer.
0 votes Thank Flag Link Mon Nov 21, 2011
Don Tepper, Real Estate Pro in Fairfax, VA
MVP'08
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