If we bought a house 4 months ago, who pays for septic repairs?

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If we bought a house 4 months ago, who pays for septic repairs?

30 days after closing there was to be a septic tank inspection by the local health department it actually occured on or about day 45. I found that during the inspection he was to “put dye down the drains” and check the leach lines that was done and that he also was to have the top removed and inspected that was not done. He did suggest have the tank cleaned, which we did a few weeks later when uncovered the top fell in very old tank. We have notice a smell since we moved in we could never locate until a few days when my husband went under the house and seen the sewage line with multiple holes throughout. Money was held in escrow for septic system issues and to be released after inspection of the system after 30 days. We never heard anything good or bad from the health department or the realtor concerning this. Do we have a case for repairs?

Asked on October 2, 2012 under Real Estate Law, West Virginia

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You may have a case for repairs from both the previous owner, their broker and the inspector because if these issues were known (most likely) and/or the inspector should have seen them, the delay was not your fault and the failure to disclose was not your fault. You should pursue this matter and immediately inform the escrow company that the issues were not resolved within 30 days as required. At this point, you will need to discuss with your broker and or a real estate attorney if you lost the right based on the time gap or whether the final discovery caused this to be an issue that is still viable.


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