I'm selling and dealing with a neighborhood rumour

Hello,

I am running into situation with selling my house. The neighborhood we live in has been labeled as having septic problems. We had a problem a while back after 5 days of hard rain and the ground was saturated with a slow flushing toilet.

Needless to say we received an offer. The septic has been working fine and we disclosed about the weather being a factor with saturation. The buyers had a home inspector that had a "septic license" do the inspection. His inspection was turning on all the faucets in the house, the dishwasher,(I had just finished using the washer), the shower, the bathtub and flushed the two toilets two or three times over a course of 30+ minutes all at the same time. Needless to say the system backed up. He said that there was leakage on top of the second tank and I asked him to show me, I saw no standing water or anything, but he put that in the report. He never dug a hole or looked at the drain field for potential leaks. After this happened less than a half hour later I flushed the two toilets right after each other and they flushed fine. The buyer came back and wanted us to repair or replace the system. We refused, because we have been here 10 years and they were asking for us to pay already to get into the house (all closing costs)

So we asked if we could get a second opinion and who they would except the county or a veteran septic inspector that knows this area. They asked for the veteran(30 years). This man is licensed ,inspects for the state mobile home septic systems and pumps also. He does not repair or install because he is getting too old for the work. We had him come out and he said that if the home inspector suspects that a septic system has problems that they more than likely will shock the system to the point that the septic is not made for. He opened both tanks said everything looks fine in the tanks, showed us the leach field and what he would look for if he saw a potiental for leaks. He could tell from the lid of the second tank that the tank had overfilled recently (imagine that) by the debris on it. Now here comes the good part.... the buyers would not except the inspection by the veteran. They said it wasn't an inspection report. The report was on the receipt as the septic system was working properly had his license information and a report required on the waste disposal.

Now the realtor is telling us we have to replace the system now instead of putting in an allowance because "that is how all the home inspectors test septic systems" and this buyer backed out based on the home inspectors report so we have to disclose it failed a septic inspection and replace it or we will never sell the house. We have already explained to our realtor and buyer's realtor that even if we replace the system they could still have problems because of the soil when it is saturated and it goes in one ear and out the other.

The realtors are saying as long as it is replaced that would not go back on us but if we don't it can come back on us at any time even if we disclose it. The only reason we are having this back and forth problem is because the neighborhood has had problems in the past ( and a few do) but the majority of the homes do not (and they are building like crazy in the neighborhood in the last year ) The problem is the replacement of a system that works even if it isn't necessary? Which way should we go? I have been told to go to get an inspection by the county and that would make it okay but it doesn't sound like that will work based on past experience.And the fact that the money that we spent on the veteran we spend another hundred dollars to have the county inspect it okay and if that doesn't work another one to inspect and replace the system? Any input would help I am going to get ulcers over this! Eileen

 

I know you are asking a serious question about your legal liablity and repairing your septic system. But my first intitution is what is it with your realtor. She sounds like she is interested in her commission check first and your best interests further down the road.

So in all seriousness I would consult with another realtor or a lawyer.

 

There are other things to consider. My mother had to have a new drain field and pump put in and the cost wasn't that high but the machinery that they brought in tore up the driveway and the yard and it's a mess. She also had to consult the electric and telephone companies and get permits, etc. It can take quite awhile, also.

I don't know what needs to be done to repair your system if it needs it but find out everything involved first. You might consider getting the tanks cleaned out. That would surely help with passing the test and cost is minimal.

I would consult a real estate lawyer. It should be free of charge. You can also post that question on the legal part of do-it-yourself.com.

If the county inspects it and if they find that there's a problem then they probably will put a code violation on it and the house cannot be sold until it's fixed and they county certifies it's ok and removes the violation.

BTW, the pump was put in because the new drain field was going to be further away and up a hill. If you need a new drain field you may not have to put in a pump like she did.

Quote: "The realtors are saying as long as it is replaced that would not go back on us but if we don't it can come back on us at any time even if we disclose it." I am not sure that's true.

Good luck!

 

BTW, how old is the septic system? I believe the general rule of thumb is they last 25 years.