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 Korbin, MBA
Broker In Charge
The Scott Korbin Team
Triangle Home Masters
An Affiliate of Coldwell Banker, HPW
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!
For some reason I believe there is more to this story than you are sharing. My guess is you bought someone elseâ€™s train wreck because it was a GREAT deal. If the previous owner bailed, he probably doesn't have $5,000 either.
If it doesn't have a SEWER system, it MUST have a Septic System!
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
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?
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.