Home Selling in 01571>Question Details

Leightsu, Home Owner in 01571

We need to make a report about the selling agent

Asked by Leightsu, 01571 Thu Jul 26, 2012

We bought this house under the advisement it was a town sewer turns out it is a septic. How do we report the listing agent for his false information. Yes we did our due diligence and had it appraised and inspected and they all listed it as town sewer based on the listing agents information. How do I report to the MASs realty board about him??? It is ILLIGAL to sell a home in MA with a septic if there is no title V done and there was NO title v done!

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I would strongly suggest you start by speaking with your closing attorney.
0 votes Thank Flag Link Mon Aug 6, 2012
0 votes Thank Flag Link Mon Aug 6, 2012
Mistakes happen but if the septic needs work you shouldn't have to pay. You will need an atty.
0 votes Thank Flag Link Sat Jul 28, 2012
The real estate agent should is only one of your concerns, your attorney must of provided the proper clauses regarding utilities and town sewer or septic. I would also question you home inspector???? They should know that as well. Did you or your buyers agent view the building jacket at the building dept?.
Your questions are good but no you do not need a Title V to purchase a home. You may not get it financed. And the cost to tie into sewer if available or to replace a septic system can be very costly.

I would contact a Good Real Estate attorney. Also he may want to look into ch 93A
0 votes Thank Flag Link Thu Jul 26, 2012
what part of CH 93A should we even look at?
Flag Sat Jul 28, 2012
Also. When you closed your attorney would have run a Muniple Lien Cert and when no water and/or sewer showed up I would have thought they would have mentioned that to you????? Did you actually close on this property?
0 votes Thank Flag Link Thu Jul 26, 2012
yes we own it
Flag Thu Jul 26, 2012
Well. I am really curious as to how this happened! Was this a foreclosure? WOW. You really do need to talk to your real estate attorney. I take it you DID NOT have a buyers agent? I have no idea what the bank is going to do now either. It is not "illegal" to sell a home in MA without doing a title V. Many cash buyers take possession of the home without doing one, it is a "bank requirement" to have a passed title v. Do you have a mortgage on the property?
0 votes Thank Flag Link Thu Jul 26, 2012
and yes it was a forclosure
Flag Thu Jul 26, 2012
yes we financed it and had a agent working with us to show, place offer for us and what not.
Flag Thu Jul 26, 2012
As a RULE, the DISCLOSURES are intended for people who have an intimate knowledge of the house and property.
And, we are naturally talking about; In Writing!

The Listing Agent did not LIVE in the house, and if they filled out a DISCLOSURE form, it probably would not include this.

The SELLER would be responsible for this piece of information, not the Agent.

The Seller would probably be protected by the "best of your knowledge" thing; meaning that they could make a mistake.

Also, to sue them, you would probably have to prove a "LOSS"; a financial loss due to the mis-representation. Gonna be hard to prove or put a $$ value on.

Having had a Septic System, I would say that it is a toss-up, which is better; you won't have a monthly bill for sewer and you may go years without doing anything to the Septic.

I'll just wish you good luck, whatever you do.
0 votes Thank Flag Link Thu Jul 26, 2012
In most cases, the agents put that information on the listing, based on information we've learned from the seller.

So, more than likely, your beef is with the seller, not with the agent.
0 votes Thank Flag Link Thu Jul 26, 2012
it does make it more complicated, but again... the agent is rarely the one who determines things like this. It likely came from the bank.
Flag Thu Aug 2, 2012
This was a forclosure, makes it more complicated.
Flag Thu Jul 26, 2012
Alan May, Real Estate Pro in Evanston, IL
You need to discuss this issue with a real estate attorney.
0 votes Thank Flag Link Thu Jul 26, 2012
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