Who is at fault in regards to my septic system being undersized?

UPDATED: Sep 30, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 30, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Who is at fault in regards to my septic system being undersized?

We purchased a home almost 12 years ago. The septic leach field was replaced since it had failed. About 3 weeks ago, I noticed my side yard leach field was smelly and had collected a huge puddle that was not going away. I contacted a septic company and had my tank pumped. They noticed that the tank quickly got pumped out and stated it was a 500 gallon tank. The plans for the septic field stated it was a $1,000 gallon tank. New Link Destination
day a gentleman from the septic company came by and measured the tank and in fact it is a 500 gallon tank. What legal recourse do I have

here? We were told it was a 1,000 gallon tank when we purchased the home.

In order to abide by town codes for 4 bedrooms a 1,000 gallon tank is a requirement. Bringing the tank up to code is a large cost and should have been addressed when we purchased the house.

Asked on April 25, 2017 under Real Estate Law, New Jersey


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

At this point, you can't do anything: you purchased the home too long ago. The ground to have possibly sued the seller for compensation was for fraud: for lying about an important or material fact to induce or cause you to buy the home. But the statute of limitations, or time within which you must sue, for fraud in your state is only six (6) years; once 6 years have passed, you cannot sue, not matter how good your case might otherwise have been.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption