Seller said I had public sewer - I don't!

[Ana33]

Seller said I had public sewer - I don't!
I am from Rhode Island

Hello - I bought a house in February. On the seller disclosure form, the seller checked off that I am connected to public sewers. A few weeks ago we were talking to a neighbor who says he has seen a sewage truck come empty the septic tank many times. I called Town Hall, who told me I am NOT connected to town sewers, but unfortunately, has no record of any septic tank or otherwise. They claim they don't have any records from 1972 - when my house was built. The only thing I've been able to find is a septic tank permit from the DEM, which is very hard to read, but says there is a septic tank on my property. My question is - can I take the seller of the house to court for falsely stating that I had public sewers? She could have done the research just like I did and found there was a tank. Is she liable for hooking me up to public sewers now? I'd really appreciate any advice. Oh and I'm not sure when the last time was that the tank was emptied (if ever!) - is this thing going to overflow any day now and soak up my basement with sewage?! HELP!!

 

[HomeGuru]

Seller said I had public sewer - I don't!
I am from Rhode Island

Hello - I bought a house in February. On the seller disclosure form, the seller checked off that I am connected to public sewers. A few weeks ago we were talking to a neighbor who says he has seen a sewage truck come empty the septic tank many times. I called Town Hall, who told me I am NOT connected to town sewers, but unfortunately, has no record of any septic tank or otherwise. They claim they don't have any records from 1972 - when my house was built. The only thing I've been able to find is a septic tank permit from the DEM, which is very hard to read, but says there is a septic tank on my property. My question is - can I take the seller of the house to court for falsely stating that I had public sewers? She could have done the research just like I did and found there was a tank. Is she liable for hooking me up to public sewers now? I'd really appreciate any advice. Oh and I'm not sure when the last time was that the tank was emptied (if ever!) - is this thing going to overflow any day now and soak up my basement with sewage?! HELP!!

**A: the seller is guilty of misrepresentation if they knew there was no municipal sewer connection. You could have done your research before you bought and found out prior to closing. Contact the pumping company and maybe they can show you where the tank is. Were there real estate agents involved. What did the fact sheet and MLS listing state? What did the sales contract state? What did the real estate appraisal state? What did the home inspector state?

 

[Ana33]

I didn't research this before I bought the house because I didn't doubt what she had filled out on the disclosure. There was no reason to make me think the information was wrong. There was only one realtor - the seller's. Unfortunately, I did not have a realtor at the time, but I now regret it. I called the realtor just this week when I found out from the town hall they didn't have a record of my house being connected. She told me this: The seller also owns the house next door, which has a cespool, and while they were over there emptying it, they snaked the drain at my house and they said it went all the way to the street. Therefore, they all assumed it went to a sewer. That's the only evidence the seller supposedly had. She didn't have any public records or anything like that to backup her claim. The realtor said she's never had that house drained because there is no septic tank. I now am starting to doubt this too because she owned that house for over 7 years - wouldn't the tank have overflowed by now?

The fact sheet given to my by the realtor said connected to sewer. Also wrong.

I seem to remember at the home inspection, the inspector thought there was a septic tank but the realtor argued that it was sewer and that was about the extent of it. He never looked for a septic tank opening because she insisted it was sewer. He is coming by this weekend to look over it again.

It's very possible the seller didn't know what she had for sewer, and she was under the impression it was public. She used the property as a rental home and never lived there herself. But isn't it her responsbility as a seller to make sure the information she puts down is correct?

 

[FarmerJ]

All citys maintain what is called where I live a Tap Card ( showing when a homes water and sewer were connected to public sysytem . If there is no tap card then there must be a septic system or if the home is in a very very very old area it some times has a common sewer connection into a nbrs line . septic systems there are several types first type is what was in the home I grew up in it was like a huge canister with drain and no wide area for affluent dispersal . 2nd kind is where you have 1 or 2 ( or more )pipes sticking out above ground connected to tank that goes to either drain pipes under ground or to a single area like a rock ditch for example. this kind needs to have the solids pumped out every one or 2 yrs . 3rd kind is mound style where you will see a 2 to 3 foot high hill some where in yard . 4th kind is a non draining holding tank where a light comes on to signal homeowner to call a honeysucker to come empty it . Does your city require that homes be connected to public sewage system when sold now ? if so you should have a decent case in court to make the seller pay up . so you know with reasonable care septic systems can last many years If you find out you have to live with it for a while as it is . some one in the area should have a record of providing pumping services to your address . call all the septic pumping companys near you . ( do add a lint filter to clotheswasher drain hose . dont clean paint brushes and just let the water go into septic , dont use excessive amounts of bleach ( bleach can kill the organisms that help maintain good septic health. dont buy that stuff that you flush to add bacteria its pointless dont pour grease from cooking into sink. septic systems arent like public sewer where folks dont give it a 2nd thought and let it all go down drain . but with reasonable care septic systems can last for many yrs . I know I got long on this reply . best wishes for you

 

[HomeGuru]

You have a viable case against the seller and the real esate agent.

 

[JETX]

One suggestion, there can't be a lot of sewer tank truck companies or septic tank installers in the area. Call them and ask if they have any records of installing or pumping from your address. If they do... and it was during the sellers ownership, get a copy of the reciept and you should some pretty good evidence!

 

[Ana33]

Would it make a difference if the seller knew there was sewers or not? I truly don't know if she knew, but I don't think that should matter. How can somebody own a home for 8 years and not know what sewage system they have? Also, I have come to find out that there are not even public sewers on my street, only a private line that I would need to get permission from the owner to hook into. And a neighbor of mine told me that there was a septic tank company at the house shortly before I bought it and it appeared they could not find the cover to drain it.

Halket - amazingly, even though RI is a tiny state, there are many sewage companies. I called one of them, the one that did the house next door, and they don't keep very good records and have no idea if they did my house.

One more thing - the field card kept by town hall on my house states "utilities: all public". if this includes sewer, would it affect the seller's responsibility that she is not at fault because that's what the field card said?

I have contacted a lawyer, but I still enjoy coming to this site for the advice. Thanks guys!

 

[FarmerJ]

To get a general Idea of where it would be look at how the house was built . Meaning for example if you have a basement and sewer pipe going through the side of a basement wall that will point you to the part of the yard where it is . If the sewer stack pipe goes into basement floor and is very close to basement wall it might be that side of the house . Are there any of the nbrs who lived on your road back in 72 who might have remembered what part of the yard was dug up for septic system ? LAST look in the basement for evidence of a private well if your on city water now . Reason being the septic system would have been opposite the well ( example in basement is small room underneath out side steps or off to the side where electricty was run to and water line even if capped , ) those things could lead you to aproximately where the septic system is . Good luck to you .