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  1. #1
    lgeren is offline Junior Member
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    Question perk test vs septic permit

    undefinedWhat is the name of your state? South Carolina
    I purchased a lot in a subdivision in SC in 1993. I received a copy of a letter from the health dept (DHEC) that stated that "Some lots may require pump systems depending upon location of the dwellling." and "Surface water control may be required on some lots before or at the time the septic tank system is installed."

    The lot is listed with a realtor. In Sept, 05, the realtor submitted a contract with the contingency "must provide perk test for 3 bedroom house by Seller". We changed "Seller" to "Buyer" explaining that they were the ones that would place the proposed house on the property. The buyer agreed and paid for the perk test. The resulting perk test did not allow for a conventional system. As the owner, I was required to request a review which I have done. It appears that an engineered system will be required. I contend that the terms of the contract have been met and the buyer should close or lose their earnest money. If the contingency had stated "must provide a septic permit" it would have been a different story. In my opinion, my realtor is acting more like the buyers agent since she refuses to agree.
  2. #2
    seniorjudge is offline Senior Member
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    Quote Originally Posted by lgeren
    undefinedWhat is the name of your state? South Carolina
    I purchased a lot in a subdivision in SC in 1993. I received a copy of a letter from the health dept (DHEC) that stated that "Some lots may require pump systems depending upon location of the dwellling." and "Surface water control may be required on some lots before or at the time the septic tank system is installed."

    The lot is listed with a realtor. In Sept, 05, the realtor submitted a contract with the contingency "must provide perk test for 3 bedroom house by Seller". We changed "Seller" to "Buyer" explaining that they were the ones that would place the proposed house on the property. The buyer agreed and paid for the perk test. The resulting perk test did not allow for a conventional system. As the owner, I was required to request a review which I have done. It appears that an engineered system will be required. I contend that the terms of the contract have been met and the buyer should close or lose their earnest money. If the contingency had stated "must provide a septic permit" it would have been a different story. In my opinion, my realtor is acting more like the buyers agent since she refuses to agree.

    Unless there is something you aren't telling us, the buyer and the real estate agent are correct and you are wrong. The lot flunked the test.

    Find a new buyer.
    There are two rules for success:

    (1) Never tell everything you know.
  3. #3
    lgeren is offline Junior Member
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    test vs permit

    South Carolina
    A perk test is to determine what type of septic system will be required!

    A septic permit allows you to install the system! Buyer should have been specific since the type would allow them to determine the costs. I was under the impression that RE contracts had to be in writing!
  4. #4
    HomeGuru is offline Senior Member
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    Quote Originally Posted by lgeren
    South Carolina
    A perk test is to determine what type of septic system will be required!

    A septic permit allows you to install the system! Buyer should have been specific since the type would allow them to determine the costs. I was under the impression that RE contracts had to be in writing!

    **A: there is more to this and we have not been told the complete story.
  5. #5
    efflandt is offline Senior Member
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    What perk test info or guaranty were you given when you purchased the property?

    Did you disclose to your buyer that "Some lots may require pump systems depending upon location of the dwellling." and "Surface water control may be required on some lots before or at the time the septic tank system is installed."? If not, you were being deceptive.
  6. #6
    lgeren is offline Junior Member
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    septic permit vs perk test

    undefinedSC
    How am I supposed to know that since I bought in a development over 12 years ago?? As far as the full story- the main queston is what is the difference between a test and a permit! If you want a permit - ask for it!
  7. #7
    HomeGuru is offline Senior Member
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    Quote Originally Posted by lgeren
    undefinedSC
    How am I supposed to know that since I bought in a development over 12 years ago?? As far as the full story- the main queston is what is the difference between a test and a permit! If you want a permit - ask for it!

    **A: that's right, but I am pretty sure that your contract was not worded correctly.
  8. #8
    lgeren is offline Junior Member
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    septic permit vs perk test

    SC - As I stated in my original entry the only contingency in the contract was "must provide perk test for 3 bedroom house by Buyer"
  9. #9
    HomeGuru is offline Senior Member
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    Quote Originally Posted by lgeren
    SC - As I stated in my original entry the only contingency in the contract was "must provide perk test for 3 bedroom house by Buyer"

    **A: since we do not have the entire contract to review, hire an attorney.

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