Gino Columbo
Junior Member
What is the name of your state? Washington.
I'll try to make this as concise as possible.
My wife and I were in the final stages of selling our home. All we needed to do was have the septic system pumped, which we did on April 29 last. When the pumper arrived he pumped the tank, inspected the system and then he shoved a garden hose into the outlet of the secondary compartment of the septic tank and into the drainfield. He then turned on the faucet full blast. After a couple of minutes, a small trickle of water started "backflowing" out of the drainfield and into the secondary compartment. He started shaking his head and indicated that we had an unacceptable drainfield and he so indicated on a document called the "pumper's report", the document showing that the septic system was pumped and inspected by a licensed and certified pumper in the county in which we reside.
The next day we were in the escrow office, along with the buyer, signing the final closing papers. Closing was just 48 hours away. It was at that time the we submitted the pumper's report. On the way home we received a phone call from our agent informing us that the buyer's agent and the buyer had seen the pumper's report and now did not want to go through with the sale.
We started to do some investigating and found out that the County Health Department has a legal document that describes the actions needed to be taken when a septic pumper pumps and inspects a septic system. The portion that deals with "backflow into the drainfield" does not include inserting a fully charged garden hose into the drainfield. The requirements read, "After pumping, listen or visibly check for water running back into the tank from the drainfield.". We now had $205 invested in an illegal septic tank inspection and were faced with the possibility that the sale of our home was in jeopardy.
We made the following proposal to the buyer: We would have the County Health Department issue what is called a "health letter" (a term used by lenders). This is where the Health Department reviews all the documents relative to the installed septic system (original septic permit, original inspection by the Health Department, last pumper's report, etc.) and then does a quick onsite inspection. The fee for this is $100. The Health Department did not have nor did they see the pumper's report. I had the original and there were no copies other that what was submitted by us during the signing of the closing documents. I opted not to submit it to the County because it was performed illegally and was reported fraudulently.
We then arranged for another certified pumper to pump and inspect our system. By this time we had a copy of the County Health Department's legal document describing the actions needed to be taken when a septic pumper pumps and inspects a septic system. This pumper followed the rules explicitly and our system passed with flying colors, at a cost of nearly $280. We were unable to get certification right away from the County Health Department because the employee that handles our area of the county was away at training. By the time we did get certification the buyer backed out of the sale. Several days later we received an acceptable "health letter" from the County Health Department. There is and never was anything wrong with our septic system.
We now have endured costs of nearly $600 because of a pumper that didn't know what he was doing. And we have lost the sale of our home. But the worst part is that we are living in our home with virtually no household goods! They have all been packed, transported and stored in two storage facilities. We have a sofa, a love seat, a TV, a bed and a computer left in our home. We are eating on a card table using two camp chairs that we managed to commandeer from our travel trailer, as well as eating utensils!
We plan on taking the original pumper into Small Claims Court. But we are not sure what to sue for. We could sue for his original pumping fee of $205. Or we could sue for the nearly $280 that the second pumper charged us. Or we could sue for both amounts. Plus the $100 for the Health Department fee. We are not sure what we could additionally sue the original pumper for because we lost the sale of the home because of his actions.
Any help or direction would be greatly appreciated. Thank you for your time and concern.
I'll try to make this as concise as possible.
My wife and I were in the final stages of selling our home. All we needed to do was have the septic system pumped, which we did on April 29 last. When the pumper arrived he pumped the tank, inspected the system and then he shoved a garden hose into the outlet of the secondary compartment of the septic tank and into the drainfield. He then turned on the faucet full blast. After a couple of minutes, a small trickle of water started "backflowing" out of the drainfield and into the secondary compartment. He started shaking his head and indicated that we had an unacceptable drainfield and he so indicated on a document called the "pumper's report", the document showing that the septic system was pumped and inspected by a licensed and certified pumper in the county in which we reside.
The next day we were in the escrow office, along with the buyer, signing the final closing papers. Closing was just 48 hours away. It was at that time the we submitted the pumper's report. On the way home we received a phone call from our agent informing us that the buyer's agent and the buyer had seen the pumper's report and now did not want to go through with the sale.
We started to do some investigating and found out that the County Health Department has a legal document that describes the actions needed to be taken when a septic pumper pumps and inspects a septic system. The portion that deals with "backflow into the drainfield" does not include inserting a fully charged garden hose into the drainfield. The requirements read, "After pumping, listen or visibly check for water running back into the tank from the drainfield.". We now had $205 invested in an illegal septic tank inspection and were faced with the possibility that the sale of our home was in jeopardy.
We made the following proposal to the buyer: We would have the County Health Department issue what is called a "health letter" (a term used by lenders). This is where the Health Department reviews all the documents relative to the installed septic system (original septic permit, original inspection by the Health Department, last pumper's report, etc.) and then does a quick onsite inspection. The fee for this is $100. The Health Department did not have nor did they see the pumper's report. I had the original and there were no copies other that what was submitted by us during the signing of the closing documents. I opted not to submit it to the County because it was performed illegally and was reported fraudulently.
We then arranged for another certified pumper to pump and inspect our system. By this time we had a copy of the County Health Department's legal document describing the actions needed to be taken when a septic pumper pumps and inspects a septic system. This pumper followed the rules explicitly and our system passed with flying colors, at a cost of nearly $280. We were unable to get certification right away from the County Health Department because the employee that handles our area of the county was away at training. By the time we did get certification the buyer backed out of the sale. Several days later we received an acceptable "health letter" from the County Health Department. There is and never was anything wrong with our septic system.
We now have endured costs of nearly $600 because of a pumper that didn't know what he was doing. And we have lost the sale of our home. But the worst part is that we are living in our home with virtually no household goods! They have all been packed, transported and stored in two storage facilities. We have a sofa, a love seat, a TV, a bed and a computer left in our home. We are eating on a card table using two camp chairs that we managed to commandeer from our travel trailer, as well as eating utensils!
We plan on taking the original pumper into Small Claims Court. But we are not sure what to sue for. We could sue for his original pumping fee of $205. Or we could sue for the nearly $280 that the second pumper charged us. Or we could sue for both amounts. Plus the $100 for the Health Department fee. We are not sure what we could additionally sue the original pumper for because we lost the sale of the home because of his actions.
Any help or direction would be greatly appreciated. Thank you for your time and concern.