Failure to make sure inspections were finaled before closing

**Jbowen1972** · 01-10-2008, 06:07 PM

My husband and I purchased a cabin in Jan 2007. When we wrote up the purchase agreement we requested the well and septic to meet county code and have final inspection at closing. We just recieved a letter from the health department Jan 2008 stating that the well and septic were not up to code and were not finaled and the permit has expired.

Before purchasing it we did some research and found out the cabin, electrical, heating, well and septic never had any permits pulled. The township put a stop on the sale because they didn't know about the cabin.

After several months the seller pulled the permits through the township and paid large fines and had the cabin inspected and we recieved occupancy so we could go through with the sale per the realtor. At closing we were presented the a septic report from the pumper and a well water test. What we didn't know was that when the seller pulled the permit and the health department asked for the well to be verified. The seller said he couldn't remember who put the well in because he didn't want to rat out the person who put it in on the side without the permit, same thing with the septic. The seller never disclosed the health departments findings and a year later we recieve this info after they sent us a letter stating it was never finaled.

We were very specific on the purchase agreement that the well and sepic must meet approval by the health department. I called the realtor and he doesn't think he has done anything wrong by not making sure those documents were at closing, he blames the seller. The realtor also didn't check with the township or the health department about what their requirement, he assumed that if he had the township occupacy permit that everything was good. Not true the health department has nothing to do with this townships occupany permit they issue their own. I asked him if he was selling real estate in this township shouldn't he know what the requirements were again he just assumed.

Now we have to have a new well at $6,100.00 and septic drain field put in at $1,800.00 and permits of $350.00 oh yeah and I forgot to mention that we can not occupy the cabin until this is done.

I need serious advise I have hired an attorney I am trying to deal with the realtor and the seller before it gets to far with attorneys but neither want to step up and take the blame.

**carrot** · 01-11-2008, 06:58 AM

Recently our septic field had problems and we had to put in a new field. The person put the original field in never got a permit and it was in the wrong place. This happen prior to us owning the house and it was new when we bought it. Problem is it is to close to neighbors outdoor well water. Drinking water is on city service. It took several months and a week before Christmas we finally got approval from Health Dept. Oh and weekly calling them to get moving on it calls.

What we had to do was apply for a variance and be grandfather in because on top of all that they changed the rules on septic fields several years ago and it didn't meet that standard also.

During that time we had to get tank pumped several times. The kicker is the company who pumps the field broke the pipe out of tank on a routine pump out and sludge went in drain field and made it unusable. Of course they state they didn't do it but after a yearly routine pump field became unusable and other company we hired says they believe thats what happend thats it easy to do and when they put their hose in sometimes they ram it in and move the pipe.

Oh well $2600.00 later we know own a drain field and $395 to pump out each time and new permit cost I forget.

I sympothize with your situation but check in the variance thing. I live in Florida and it worked here.

**Macye Kirkpatrick** · 01-15-2008, 07:15 AM

Well I don't have much to offer to you both but it has been a real eye opener to me for the future about inspections and following thru to be sure they were completed. I wish you luck with the attorney!