Dealing with an Undisclosed Septic System

By Barry Stone

Dear Barry,

We recently purchased our home and assumed that it was connected to city sewer. But now we've learned that there is a septic system that needs replacement, at a cost of $7,000. We hired a home inspector and feel that he should have found this problem. We are also wondering whether the city should have inspected the sewage system when we were in escrow. Now that we're stuck, what recourse do we have? -- Dee, Ohio

Dear Dee,

It is highly unlikely that the municipal authorities were required to inspect your sewage system prior to closing escrow. But the seller should definitely have disclosed that the house is connected to septic, rather than sewer. Had that information been revealed, a septic contractor could have been hired to evaluate the system. This is standard procedure with home sales involving septic systems.

As to your home inspector, his liability does not include septic systems or other aspects of a property that are concealed from view. A home inspection is a visual inspection only. Because a septic system is buried, its presence cannot always be determine by visual inspection. Even if the home inspector had discovered that there is a septic, the condition of the system could not have been determined without excavating and pumping the tank. This can only be done by a septic contractor, because special equipment and expertise are needed.

Once again, it was the seller's responsibility to disclose the septic system. Failure to divulge this information is a liability issue for the seller. If the system needs replacement, the seller may have been aware that there were problems, and failure to disclose such conditions is illegal in most states. Proving that this was known could be difficult, unless a local septic contractor has records of having serviced the system in recent times. For further advice on seller liability, you'll need to consult a real estate attorney.

You should also check to see if a city sewage hookup is available on your street. If so, the cost of connecting to that system may be more affordable than a new septic.

Copyright 2002-2006 Barry Stone. Distributed by Inman News Features.