Legal Question in Real Estate Law in Georgia

home purchase

I purchased a home in Stockbridge, GA on 6/28/07. I was not told that this house was built with a community septic system and a holding tank in my yard. This community system has an extra assessment of $90/qtr, and this increases my assessments by $360/year, and I found out from my HOA president that I have to clean out my holding tank, and tht may cost around $400. The utilities are listed as public on every document I signed at close. Is this something the previous owners had to disclose in this state? Do I have any recourse against the previous owners for not disclosing (1) the tank and the fact that my house is on a septic system, and (2) the extra assessment?


Asked on 10/15/07, 8:31 pm

2 Answers from Attorneys
SHERRY RAGOLE RAGOLE & ASSOCIATES, LLC

Re: home purchase

If you wish to obtain an informed answer to your question, you should consider employing an attorney to examine all of the documents that culminated in your home purchase.

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Answered on 10/15/07, 9:08 pm
Scott Riddle Law Office of Scott B. Riddle, LLC

Re: home purchase

While a purchaser may have a claim against a seller for incorrect disclosures, one issue you may have is that you are generally bound by any disclosures in HOA covenants or agreements, whether or not you actually read them. The other issue is more practical - obviously, lawyers will be glad to take a fee to review all of the documents involved in the purchase but that may cost more than the fee/clean-out for a year, before you even make a claim against the seller (IF you have a valid claim). That may or may not be worth the expense. If you do see a lawyer, retain one who has experience in these claims to minimize fees and expenses.

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Answered on 10/15/07, 9:30 pm


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