We purchased our home in July 2006. Shortly after moving in it was evident that our Septic was not functioning properly. We soon learned from neighbors, etc. that Seller had the same problems prior to moving out.

We are told to pursue this & intend to as we feel Seller should be held accountable & responsible. Upon closing, a form 'Texas Association of Realtors - Information About On-Site Sewer Facility' was completed by Seller where it states there were no defects. Septic installers say house should have never been sold like this.

What do yall think? If we have basis, how would we go about this? We will obtain photos & statements from Septic company & neighbors/witnesses as to the problems & knowledge of... Where do we go from there?

Thanks in Advance!

Is the septic tank "defective", or just old? Did you have a home inspection prior to the purchase?

You might be able to get them in "Disclosure"

Hire a real estate lawyer.

Septic IS old. From what we understand, many have old systems that are still functioning properly. I understand complications are especially possible with older systems however if seller was aware... I believe he even had a County citation due to it's functioning improperly & instead of fixing guess he opted to move!!

We did have an inspection & although we did pay extra for the 'Septic Inspection' we didn't get a good or bad but 'may want to consult a specialist.' We called several Septic Installer but none were willing to come out & inspect - said they don't repair only replace ??? (Yes, this is our 1st Country/Septic home - sigh) Guess we even got a bit 'taken' by the inspector ; )

Since the 1st post we have talked to a friend who has Real Estate knowledge & said it doesn't matter about the inspection but that the disclosure/paperwork doesn't state any known problems which seller was aware of & we have proof/witnesses. We did talk to a lawyer & he said 'you got them cold turkey' (which is good on our part)! I guess that's the way to go.

Thanks for replies!!

If the septic system wasn't working properly when the home was sold and the owner was aware of that, then they should have made disclosure prior to closing.

If you can prove the first two elements you have a strong case. Typically what happens is the owner will come back and say, "We did have problems with the septic system but we had it fixed and thought there would be no problem." The Seller would argue that there was nothing to disclose since the system had been fixed.

The question then becomes, should they have disclosed that there had been a problem even though they subsequently fixed it. States vary as to the degree of disclosure.

You will need to see an attorney. We have more about Sellers Disclosure on our website.

Steve @ www.buyingahouseandsavingmoney.com

Most home inspectors I've encountered won't inpect septic systems or wells (other than the obvious water flowing out of the faucet). Wells can require specialized equipment, and the septic system should have been inspected by the county health department. The health department is ultimately the authority to determine if it can be fixed or if it has to be replaced, and with what type of system. Typically there is a fee (in my county it's $50 but this will vary).

If the owner claims the problem was fixed. Request names of contractors, receipts, etc. Most don't have the tools (backhoe, etc.) and knowledge to do it themselves.

-Tim

Often it depends on what is wrong with the septic system.

- Old systems often leak.
- Tree roots can plug up the field lines
- The ground can shift or be crushed, crushing or misaligning the field pipes.
- Cable TV installers have dug into septic systems without realizing it, and not restored them when they closed the trenches. I have also seen them destroy tile drains intended to keep water out of basements.
- There are certain things which must not be flushed down toilets on septic systems (such as some kinds of disposable diapers). They will plug up a septic system quite quickly.
- I know of cases where the movers destroyed the septic system by driving the moving van over the septic field to save some moving labor.


Oh! One more thing! In some areas, you will find that you can't have the septic system replaced once it fails. You may find that government requires a sewer hook-on instead.

Good point about the movers. Many years ago I was called in to trouble shoot the septic system on a $15 Million mansion. The installers had run over the new septic tank and supply line with the dozer, and crushed it! They then covered it with a sheet plywood, some dirt, and left!:D 1 bedroom, 35K square feet, 11 tolets, and 3" of water on the spa floor! :eek: