Can a Seller's Real Estate Agent be held responsible if they list a home for three bedrooms, but the septic?

Asked by Christina Waldroup, Asheville, NC Tue Apr 29, 2008

is only for two. The Seller's did not find out until closing.

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Martha McDon…, Agent, Summit, NJ
Tue Apr 29, 2008
If you are buying a home with septic, you MUST have it INSPECTED by a septic engineer. The firs t thing they determine as part of the inspection is the capacity; you would have caught the issue right then and there. Septic systems today are highly engineer and cost upwards of $40,000 to replace. It is critical that you also determine its self life, how many more years it has before it will need replacement and if it’s been well maintained (cleaned out regularly). In NJ many towns are now stepping in and want to know prior to transfer of title that the septic passed inspection, also if the tank needs to be pumped out a permit is required from the Board of Health.
The next question: was there a seller’s disclosure filled out and provided to you? If so, the seller would have had an opportunity to answer those questions. I have attached a link to NJ Association of Realtor standard form. Look at page two , line 101. Martha McDonnell
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Marcia Wray, Agent, Mount Pleasant, SC
Tue Apr 29, 2008
If the sellers did not know, then the seller's real estate agent could not know unless she was privy to a septic inspection previously. A buyer has the option/responsibility to conduct any and all inspections of a property they choose to buy. Inspection results are usually shared with the selling agent and the seller, if necessary. How did this information become apparent at the closing, but not before? Usually, a closing is contingent on satisfactory inspections. Not sure how it got that far with no one knowing. Hope it all works out.

- Marcia -
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