Legal Question in Real Estate Law in Kentucky
Construction Company without permit installs septic tank
Health department served papers to homeowner because the construction company that built and sold them a new home a little over a year ago did not have a permit to install septic tank. Homeowner was unaware that builder was not licensed. Health department gives homeowner 20 days. Is it the legal responsibility of the builder? Is the realtor that sold the house also responsible? Does homeowner have to file suit against the builder? Why is the Health Department filing suite against the homeowner?
Any help greatly appreciated.
Thank you.
1 Answer from Attorneys
Re: Construction Company without permit installs septic tank
The current homeowner is responsible to health department for the septic system. The homeowner can sue the builder for damages on warranty, etc. It is doubtful that the realtor would have much real liability. It depends upon how much he/she was involved in assuring the home was in good condition. The problem is that all real estate transactions have an opportunity to inspect. The problem comes when hidden defects that could not be discovered by the purchaser or which the seller knew of and concealed it or should have known is discovered.
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