Breach of contract?

[Dpirucha]

What is the name of your state? PA

My husband and I bought our home, in Middletown, Pennsylvania, at the end of April 2004. Prior to purchase, we requested the septic system be inspected. The contractor that inspected the system had been used by the sellers to empty the system in March of 2003. The contractor found 1 pipe to be outdated and clogged. They repaired it at the cost of the seller. Then they certified the system as satisfactory and operational. We purchased the home. We repeatedly attempted to have the certification paperwork sent to us to since we paid for it but we never received it. We never really gave it much thought other to have the certification for our files. We thought that since it was certified there was not a problem.

On March 21st 2005, we noticed the sewage being backup into our yard. We had it emptied but the present contractor noticed that the waste was not being absorbed into the drainfield as it was supposed to do. We explained that the system had been repaired and certified 11 months prior and we asked what was specifically wrong with the system. The contractor referred us to the Township Sewage Enforcement Officer’s (SEO) office as the person who would have to inspect and diagnose the specific problem and issue a permit for the necessary work to be done.

We contacted the officer and explained our situation. He indicated that his services (perk and probe) would cost $175 and the permit was $75; also, we would need to contract a backhoe at the site when he came to do the perk and probe. He contacted us later that day to ask when the initial repair and certification had been done, we told him. He contacted us once again to inform us that work done to our septic system in April of last year was done illegally as it required a permit (PA Code Title 25 Chapter 72b).

We contacted our realtor and described our situation to him in order to emphasize the need of the paperwork of the repair and certification done before purchase. We received copies of everything a few days later.

The Septic Certification Inspection report indicated that they had found and replaced 1 outdated and clogged pipe in the drainfield. The report also indicates that the house was vacant for “6 to 12 months” and that it was a slow working system at the time this inspection was done

NOTE: At the end of their report they have:
THIS LETTER IS INTENDED ONLY AS A REPORT OF THE PRESENT CONDITION OF THE ONSITE SEWAGE DISPOSAL SYSTEM, BASED UPON WHAT WE WERE ABLE TO OBSERVE AND OUR CONSIDERABLE EXPERIENCE IN ON-SITE WASTEWATER TECHNOLOGY. OUR COMPANY HAS NOT BEEN RETAINED TO WARRANT OR GUARANTEE THE PROPER FUNCTIONING OF THE SYSTEM FOR ANY PERIOD OF TIME IN THE FUTURE. OUR COMPANY DISLAIMS ANY WARRANTY, DISLAIMS ANY WARRANTY, EITHER EXPRESSED OR IMPLIED, ARISING FROM THE INSPECTION OF THIS SEPTIC SYSTEM OR THIS REPORT.

If, at the time of the inspection, 1 of the pipes were outdated, does it not follow that the other pipes were also outdated and needed to be replaced? Furthermore, they reported the absorption of the system satisfactory but noted in the comments: “slow working system.” If the house had been vacant for “6 to 12 months” and they found the system to be “slow working,” how could they indicate it as satisfactory knowing that people were going to occupy the house?

If we had been aware of the contents of this report, we would have made the repair or replacement of the system a contingency to the purchase.

Also, the SEO thinks that, if correct protocol had been followed and he had been contacted him to do a perk and probe in order to obtain the permit, he would have found the system in need of major repairs or replacement. He will confirm this sometime next week when he comes to look at the system.

I know that we need to wait until the SEO does his inspection before going forward with any of this and then have an estimate done for the necessary work. But, let us just say that the perk and probe is done and that, as we believe the situation to be, we need to replace the system at an estimated cost of $10,000,

1. Am I correct in thinking that the responsible parties are:
a. Brownstone Realty and Randy Fishel (our Realtor and representative of Brownstone Realty) for having received the Septic Certification Inspection report and
i. Not having raised any red flags and
ii. Not providing us with the paperwork before final purchase?
b. Vladimir and Celina C. (Shreiner) Bertovic, the sellers, for not contacting the SEO to have the perk and probe done in order to obtain the permit? Because if they had had this done, the SEO would have required repair or replace of the system (this will be confirmed, or not, next week). I do not know if they had any knowledge as to the Septic Certification Inspection report.
c. George G. Hardick (the contractor)
i. For having the repair done without a permit? The SEO talked about taking the contractor before the District Attorney with criminal charges.)
ii. For reporting as satisfactory the “slow working” absorption system of the house vacant for “6 to 12 months”, fully knowing that the inspection was being done in order to sell the property which would then be occupied?

2. The situation being that we cannot afford a lawyer, we were thinking of representing ourselves. Where and how would we file the complaint? What forms will we need?

3. Can we ask for pain and suffering compensation? If so, how much? We have been very inconvenienced by this situation. In order to have the less amount of water drain into our system,
a. my daughter and granddaughter have had to stay with other relatives.
b. I cannot take baths and we have to limit our time spent in the shower
c. we flush the toilet only at night before we go to bed unless there is solid waste, then we flush immediately.
d. we cannot use our dishwasher
e. we have had to use other alternatives to wash our clothes.

4. When asking for restitution, can I include the following:
a. Cost of initial certification done in April 2005? ($75.00)
b. Cost of the pumping of the septic system on March 31st 2005?
c. Cost of backhoe service necessary for the perk and probe test to be done by the SEO? (I have no idea at the present of the cost of this service)
d. Cost of SEO services? ($175.00)
e. Cost of Permit? ($75.00)
f. Cost repair/replacement of septic system? (estimated to be from $10,000 to $15,000)
g. Any wages lost due to absence at workplace due to this situation or for court appearances? ($14.75/hour)
h. Plus, anything thing else you can suggest.

[EMAIL=JDQuinones@msn.com]John & Denise Quiñones[/EMAIL]