Purchased investment property now can not resale due to faulty septic do i have any recourse on previous seller

Asked about 2 years ago - Lewisburg, WV

previous seller owns operates septic pumping business and continuosly pupmed septics. health dept. knew of issue on property for long time. no disclosures on real estate contract stating any septic issues. very small lot and no room for new septics. can no longer rent properties

Attorney answers (1)

  1. Thomas J Callahan

    Contributor Level 18

    Answered . Speak to a local attorney about this regarding the specifics of the facts. In my state we have disclosure forms and a process by which sellers have to provide a certificate showing that septic systems are in compliance with the law. Not sure about WV if that is a strictly seller or negotiable requirement. The general rule in all states is "let the buyer beware", meaning that if the seller wasn't asked a question, he doesn't have to volunteer info. However, if asked, he has to be truthful. If the condition of the septic was asked about, or was a subject on the disclosure form and misrepresented, or was the subject of a requirement that he demonstrate compliance with state enviro law re: septic systems, then it sounds as if you might have a good case for misrepresentation. But please speak to a local attorney about the specifics.

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