Disclosure on closing documents?
3 attorney answers
The legal advice offered to you by Mr. Deason and Mr. Gaffney is correct. I write only to offer non-lrgal advice--something important about septic tanks leaned by me back in the early 1970s:
Septic tank problems can be caused by different things--including the possible loss of the bacteria living inside the tank (the essential bacteria can be killed by humans dumping caustic chemicals down the drains); or the need for pumping it out (all septic tanks will eventually fill up--but it usually takes many years); and (most likely the situation here) a clogged drain field.
Note: Punmping the tank and then replacing the bacteria are reletively inexpensive; replacing the old drain fleld can cost many hundreds--if not thousands of dollars.
Again, I'm not sure what you are intimating; home sellers need ONLY disclose "known facts which materially affect (i.e., negatively) the value of the property." JUST having a septic system "replaced" a few years ago is NOT something that one would typically need to disclose. Now if you could prove that the SELLER KNEW THAT there was something WRONG with the system - perhaps. You should consult with a good local real estate litigator, and the lawyer who represented you in the purchase to determine if you have any remedy here Hope this helps. gsg
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Unless the seller or the real estate agent told you the house was on sewer rather than septic tank, you probably have no recourse against the owner. If the seller had the septic system replaced in 2012, it is unlikely the seller knew of problems with the system in 2018. You can recover only when you can prove the seller had actual knowledge of a material defect in the house that is not open and obvious. If you think you have been treated unfairly, you should consult an experienced real estate attorney in your area.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.