Question for the real estate experts.

I recently bought a house with a septic tank. I had a home inspection done but not a septic tank inspection (I've never owned a house with a septic tank before). Shortly after I moved in I noticed a spot in the yard that stayed wet. Which gradually got worse, and smelled. Come to find out I have to have a new drain field installed.

After talking to a neighbor who used to cut the grass for the previous owner I found out that it had been like that for a "years" and that the previous owner knew about it. He checked no problem on the disclosure for the septic system. He even admitted to me on the phone that he knew about it but didn't think it was a big deal. He also had the tank pumped before closing. Now I know why. Think I have a case in small claims court?

 

I would think so. Also talk to your agent. The listing agent should have known this as well. He/she should have made their own personal inspection, (not hired an inspector, but did their own walk around.) and should be liable. I'm surprised your home inspector missed this as well. Usually they point out potential problems and recommend you call in an expert.

All this assumes you had a Buyers Agent and that the Seller didn't use one of the cut rate real estates agencies. like Help U Sell. If you bought from a For Sale by Owner (FSBO) then you are on your own and Small claims is the only way to go and you will ahve to represent yourself. If you had a Buyers Agent, there's a good chance their law firm will represent you if something can't be worked out. If it was a FSBO, then the seller is screwed and is responsible for EVERYTHING! LOL

 

I had a buyers agent, the house was FSBO. I guess the reason we didn't notice anything is because he had the tank pumped before the inspection which allowed time for the drain field to dry up. He claims that it only got wet every now and then after a heavy rain.

You really think there is a possibillity that my agents law firm could represent me? She is with Prudential. If not I guess I'll take him to small claims as the repair should be under 5k.

 

Call your agent Monday, or today if you want, I used to work 24/7. Tell him/her what the kid said that mowed the grass and also who ever told you that you need a new leach field. Keep ALL you papers. IF they don't represent you, they should at least give you the right way to proceed. (There is no lawyer representation in small claims court.) You don't really hire an agent you really hire the agent's firm. (That's why you should never buy nor sell real estate without representation.) I would say that the Seller is screwed! The guy tried to be cheap and save the 3% and now it will end up costing him $1000's of dollars. ROFL!

I would also talk with your inspector. Of course if it was dry, then there's nothing he can shed on the case.

 

Yep, you do have a case, I guess realtor's are handy for something, the blame. It is their duty to disclose ALL information concerning the house, which realtor I'm not quite sure, but I've ran into this situation before, and the realtor flipped the bill to fix it, good luck.