Whose fault for Sewage repair?

[summer18]

What is the name of your state (only U.S. law)? Maine

I recently bought a house and about 5 months later, experienced some plumbing problem, where the sewage backflow up into the shower drain. I hired a contractor and found the problem to be that there was a septic tank with the wires completely cut off, so it wasn't working to pump the sewage to the public line. It wasn't even functional before I purchased it. I was not aware that the house had a septic tank, and the disclosure shows that it is a public sewage system, when it is actually a quasi-public system. Should the previous owner responsible for the repair and can I win if I sue in court? Thanks

 

[adjusterjack]

Should the previous owner responsible for the repair and can I win if I sue in court?

Depends.

You are going to want to read the Maine Residential Property Disclosure Statute 33-171 through 33-179 at:

https://mainelegislature.org/legis/statutes/33/title33ch7sec0.html

Note that there are exemptions and some limitations on liability of the seller.

After you have read the statutes I suggest you consult an attorney.

 

[summer18]

Depends.

You are going to want to read the Maine Residential Property Disclosure Statute 33-171 through 33-179 at:

https://mainelegislature.org/legis/statutes/33/title33ch7sec0.html

Note that there are exemptions and some limitations on liability of the seller.

After you have read the statutes I suggest you consult an attorney.

Thanks for the quick reply. I read through the Rights and duties of buyer/seller and Liability. I think the previous owner knew he could get away with this, considering his reply when I brought this up to him and his realtor after-purchased, since he said that he had no knowledge of this and that my realtor and I should have gotten the sewage inspected before buying it. Another twist after some digging is that the development company he worked for was registered under a lawyer. I was going to represent myself in Small Claims court, but I guess it is best I get a lawyer then? *siigh*

 

[LdiJ]

Thanks for the quick reply. I read through the Rights and duties of buyer/seller and Liability. I think the previous owner knew he could get away with this, considering his reply when I brought this up to him and his realtor after-purchased, since he said that he had no knowledge of this and that my realtor and I should have gotten the sewage inspected before buying it. Another twist after some digging is that the development company he worked for was registered under a lawyer. I was going to represent myself in Small Claims court, but I guess it is best I get a lawyer then? *siigh*

You at least need to consult one. The cost to fix the problem is going to be pretty high. It might even be too high for small claims court. Small Claims limits in Maine are $6000.00 and it might cost more than that to fix the problem. Its also going to be months before anything is resolved in court, so you might want to have someone pump out the septic tank as a temporary fix.

I have some doubts about whether or not an inspector could have even found out that the sewage system was a cobbled together hybrid. Its buried under ground!...but I can just about guarantee that the seller knew unless this was a flipped house where the sewage got little to no activity while he owned it.

 

[pac72]

have you priced repair/replacement of the pump? even though you have a holding tank it still pumps to public sewage lines. im assuming your house is down in elevation from the sewer mains

 

[summer18]

You at least need to consult one. The cost to fix the problem is going to be pretty high. It might even be too high for small claims court. Small Claims limits in Maine are $6000.00 and it might cost more than that to fix the problem. Its also going to be months before anything is resolved in court, so you might want to have someone pump out the septic tank as a temporary fix.

I have some doubts about whether or not an inspector could have even found out that the sewage system was a cobbled together hybrid. Its buried under ground!...but I can just about guarantee that the seller knew unless this was a flipped house where the sewage got little to no activity while he owned it.

You are right on the dot with the price...it cost me 12g+ to repair it via excavation through cement ground. I know the Maine limit is only $6000, but I just want to get this ordeal over with soon with some reimbursement through Small claims, and was hoping the previous owner would reach an agreement outside of court considering I'm only asking for half the cost. But alas, it looks like he's not accepting it. Apparently from the statutes, not sure if I can win if I can't prove that the previous owner knew of the defect before selling it to me. I'll consult with the lawyer soon and hopefully they'll figure something since the other party seems to have the upper-hand in all of this.

have you priced repair/replacement of the pump? even though you have a holding tank it still pumps to public sewage lines. im assuming your house is down in elevation from the sewer mains

Yep, it's down in elevation and a bit far from the public line, so I guess it needed this septic system to pump to it. Not really knowledgeable with how it all works, as I'm a first-time homeowner.