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Seeking restitution for septic system installation after failed insepction

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billyv

Junior Member
What is the name of your state (only U.S. law)? Ohio

Not sure if this was the best category to post this thread, but hopefully I will get some responses. I am taking it upon myself to seek restitution for the replacement of a septic system that failed inspection prior to the closing on the sale of the house. When I bought the house the inspection company reported no issues. Below is the letter I have composed with all of the pertinent info. Feedback on my approach/letter is appreciated. Thanks in advance!


I am writing in regards to a septic system inspection that was performed by the ZBI on February 2003. This inspection was performed prior to my purchase of the house and property located at 16424 Smith Street, Smith, Ohio. According to the inspection performed by ZBI, the septic system had no issues. In December 2011, I had a septic system inspection performed by the Smith County Health Department as I prepared to close on the sale of the house and property on December 23rd, 2011. According to the inspection that was completed by the Health Department, the septic system was of inadequate size for the size of the dwelling. The septic system was also located too close to the house and to the well. The septic system was also in violation of codes regarding gray water—all of the drains in the house drained directly into a ditch alongside the road.

The result of the inspection performed by the Health Department required me to replace the septic system at my own cost before I could sell the house. It also delayed the sale of the house by two and a half months while the new septic was installed. None of the septic system inadequacies or code violations were reported in the inspection performed by ZBI. prior to my purchase of the house. Had I been aware of all of the above mentioned issues, I would never have purchased the house. According to the Health Department, all of the issues that they found should have been reported in the inspection that was done by ZBI prior to my purchase of the property.

I spent a great deal of money, time, and effort remodeling the house, knowing someday I would move on to a larger house for my family. I was looking forward to the day when all of my hard work would pay off in a handsome profit. Instead of a profit, however, I ended up spending nearly $14,000 to rectify the septic situation so that I could sell the house. This was money that I did not have. It essentially wiped out any profit I was to make, and eventually it ended up costing me money to sell my home.

I spent $10,000 on a new septic system and installation. The septic system that was installed was the only one that the Health Department would approve. In addition to the septic system and installation, I spent over $1000 to retain an attorney to help keep the sale of the house alive while the work was being completed. I spent over $1800 on additional mortgage payments and interest paid on the mortgage while the work was being completed. I also spent over $1000 to maintain the utilities and heating fuel while the work was being completed.

This all happened 2 days prior to Christmas. What I was hoping would be the best Christmas ever, turned out to be the worst nightmare I’ve ever experienced. One year later, I am still trying to recover financially from the hardships that resulted from this mess. I am still making payments to the contractor and to the attorney. On your company’s website, you claim “ZBI is a company that was built on strong morals….ZBI is built around respect for our customers, respect for our employees and respect for our community. We continue to strive to provide quality service for our customers, stable jobs for our employees, and a sense of responsibility to our community…. Our reputation is what we value….Derived from hard work and dedication to our customers, ZBI was built based on integrity. We pride ourselves on taking the time to do a job right and provide a quality product or service to every customer.” If this is truly the case, I think it is the obligation of your company to resolve this situation that could have been avoided with a proper inspection in the first place prior to my purchase of the house and property.

I have spoken to two different attorneys who have agreed to take my case to court if I decide to pursue that course of action. The inspectors at the Smith County Health Department have also agreed to testify on my behalf. I would prefer, however, to avoid having to go to court over this matter, and would prefer to resolve this matter with your company directly. I am willing to accept a restitution payment of $ that would cover the cost of the septic system and the installation labor. I would dismiss any of the expenses related to attorney fees, mortgage payments, and utility/heating fuel payments.

You may contact me via email, regular mail, or by phone. I look forward to hearing from you.
 
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justalayman

Senior Member
what was ZBI hired to do, specifically?

I guess if one wants to place blame, the Health department is as at fault as anybody as they would have had to approve the original installation of the septic system. Why did they approve a system that didn't meet code?
 

OHRoadwarrior

Senior Member
It is likely any contractual obligation they had has expired. It is also likely standards have changed since then. Ohio has been upgrading their laws in recent years. My understanding is few homes will pass the new regulations.
 

billyv

Junior Member
The original septic was installed in 1953. According to the health dept., the issues that were found in 2011 should also have been reported in 2003 by the private company. Maybe it was my fault for trusting the realtor, who arranged the inspection, but i felt i was not protected in any manner.
 

justalayman

Senior Member
The original septic was installed in 1953. According to the health dept., the issues that were found in 2011 should also have been reported in 2003 by the private company. Maybe it was my fault for trusting the realtor, who arranged the inspection, but i felt i was not protected in any manner.
why? If the system was legal in 2003 due to being grandfathered, you received an accurate report. It worked and it was legal. Now, if the system was not legal in 2003 and there should have been work performed AT THAT TIME that wasn't because of the inspection not showing any defect, you might have something. So, was it legal or not in 2003?
 

Zigner

Senior Member, Non-Attorney
Bottom line: If you cannot receive satisfaction through negotiations, then you will either need to sue them or let it go. You have two attorneys willing to take this case on. Good luck in your decision.
 

billyv

Junior Member
Justalayman, it was not legal in 2003 when it was inspected. Ohio laws for gray water have been in place since the 70's.
 

justalayman

Senior Member
Justalayman, it was not legal in 2003 when it was inspected. Ohio laws for gray water have been in place since the 70's.






The septic system was also in violation of codes regarding gray water—all of the drains in the house drained directly into a ditch alongside the road.



and you lived there for 8 years and never noticed this ditch?


and just because the laws have been in effect since the '70's doesn't mean some situations were not grandfathered in. I mean, after all:

The original septic was installed in 1953.
The more you post the more I see that there is nothing you can do about this now.
 

justalayman

Senior Member
I noticed the ditch, but i didnt know that it was a code violation.
The legality is irrelevant. You did know it was what it was. That means the issue was not hidden so any statute of limitations, was not tolled due to the lack of being able to know of the defect.
 

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