Missing Septic Cert

[Effie]

Hi. I am in California. My sister and I (26 and 25 yrs) purchased our first home in November 2005. We've never lived in an area with septic tanks so we didn't know to check on it in advance. Within a few days of living here, the we had serious sewage backup. We spent 2 days digging up the septic tank, but pumping it did not improve the situation. The home warranty company thinks it is the leach lines or motor and refuses to cover it.

We contacted the escrow office and were told that a septic cert had been paid for and that we should ask our realtor (buyer's agent) about it. But our agent says the septic cert was Coldwell Banker's responsibility, and refuses to give us more information.

I believe the seller knew about the septc problem because the drains were slow when we moved in and there were packs of "Septic Helper" in the closet. We also had a seriously leaking (running) shower and toilet that they didn't tell us about (They just shut off the water supply to the toilet). Now we are faced with potentially huge expenses for repairing or replacing this system and I would like to know if it was the seller or agents are responsible or if we are liable because we didn't know better.

Thanks for reading. Please help.

[seniorjudge]

Originally Posted by Effie

Hi. I am in California. My sister and I (26 and 25 yrs) purchased our first home in November 2005. We've never lived in an area with septic tanks so we didn't know to check on it in advance. Within a few days of living here, the we had serious sewage backup. We spent 2 days digging up the septic tank, but pumping it did not improve the situation. The home warranty company thinks it is the leach lines or motor and refuses to cover it.

We contacted the escrow office and were told that a septic cert had been paid for and that we should ask our realtor (buyer's agent) about it. But our agent says the septic cert was Coldwell Banker's responsibility, and refuses to give us more information.

I believe the seller knew about the septc problem because the drains were slow when we moved in and there were packs of "Septic Helper" in the closet. We also had a seriously leaking (running) shower and toilet that they didn't tell us about (They just shut off the water supply to the toilet). Now we are faced with potentially huge expenses for repairing or replacing this system and I would like to know if it was the seller or agents are responsible or if we are liable because we didn't know better.

Thanks for reading. Please help.

What does your sales contract say about whose liability this is?

[justalayman]

If nobody wants to help, it's time to get an atorney.

Sue everybody and let the judge toss out the innocent people.
Don't forget the company that issued the septic cert.

[Effie]

Thank you. I'm looking through my contract now. it's really long.

[justalayman]

While you are looking, look for the disclosure statement too.

[HomeGuru]

Originally Posted by justalayman

While you are looking, look for the disclosure statement too.

**A: TDS as it is called.

[Effie]

I found a septic/well waiver in my contract releasing the mortgage company from liability, but it doesn't mention the seller. I asked a local attorney about this and he said the waiver wouldn't hold up in this case, but also that a lawsuit would cost more than a new septic system. An employee from a nearby septic/sanitation company who is familiar with such issues told us today that the seller should have disclosed that the house had a failed system and advised that we demand the septic cert from the realty with threats of legal action, though I'm not sure what sort of action. I hope I can get the drains sorted out really fast because we are having company this weekend.

[HomeGuru]

Originally Posted by Effie

I found a septic/well waiver in my contract releasing the mortgage company from liability, but it doesn't mention the seller. I asked a local attorney about this and he said the waiver wouldn't hold up in this case, but also that a lawsuit would cost more than a new septic system. An employee from a nearby septic/sanitation company who is familiar with such issues told us today that the seller should have disclosed that the house had a failed system and advised that we demand the septic cert from the realty with threats of legal action, though I'm not sure what sort of action. I hope I can get the drains sorted out really fast because we are having company this weekend.

**A: file complaints agaisnt the real estate brokers.