Kmcmullan84, Home Owner in Galloway Township, NJ

NJ Full Disclosure Question

Asked by Kmcmullan84, Galloway Township, NJ Tue May 3, 2011

We went under contract for our current house in late August, 2010. We made settlement Oct. 22, 2010. The seller was notified via certified letter in late September that he was responsible for converting the old septic system to the sanitary sewer system. He did not mention this to us at all. I just received a letter the other day from our township stating this should have been taken care of before closure. Now they want us to do the conversion and pay for it. Did someone screw up here? Should the seller have told us? Is he legally responsible? I need some help, it's too expensive and the township is making it seem like it's not an option! We just bought a house and don't have $4K to do this at the moment. Any help is appreciated... thank you!

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Answers

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I think if you had an attorney represent you you need to speak to him immediately. I assume the the township told you the previous owner was sent the certified letter about the septic system. IMHO if the seller DID know about this before the closing and didn't disclose it you may have a case.
Just curious though, does your town require a Certificate of Occupancy inspection? In my town they hold the CO for things like outstanding permits for water heater installation, so I find it hard to believe something so significant as this was overlooked.
In any case speak to an attorney ASAP. This is not legal advise from me but something sounds fishy here.
0 votes Thank Flag Link Wed May 4, 2011
Did you get a Certificate Of Occupancy? Did you get the old system inspected before purchasing? Did you use an attorney? How about your own Realtor (as opposed to you and the seller sharing the same Realtor)? I would think that the conversion would have been common news to any attorney, realtor or inspector servicing residents in that area. If they were a part of your home buying team then they should have known and informed you. My opinion is that the seller should have disclosed this as well. Definitely speak to your attorney or consult one if one was not used for this transaction. I'm interested in what others in your area will say on this issue.
0 votes Thank Flag Link Tue May 3, 2011
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