Legal Question in Real Estate Law in Indiana

I purchased a restaurant in Indiana. The local Health department says the septic system was not permitted. It was built in 1962 by Dairy Queen. The restaurant closed in 2013. The health inspector says it has been closed to long. She says the septic sytem will have to be evaluated by one of their approved ( installers) and gave me a list. They want me to pay to have the tank dug up. My buyer agent told me the septic would be no problem I would have to have it pumped every 4 months like previous owner. No indication it does not work. no smell or any signs. Installer tells me the health department trys to make all new owners hook to city sewer. The Sewer does not exists on the road. He said it would be $30,000 to put in private lift station bore under hwy and run up hill a block to nearest sewer. Would the Seller or agents have any responsibility here? It was advertised as a restaurant with the name and all the equipment. Would the system be covered under grandfather clause? Does title insurance cover anything.


Asked on 3/10/16, 7:00 pm

1 Answer from Attorneys

Kenneth Wilk Rubino Ruman Crosmer & Polen

No grandfather, no insurance. You'll need to update.

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Answered on 3/12/16, 12:22 pm


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