Legal Question in Real Estate Law in New Hampshire
Septic System Failure
I purchased a home in July '07. In December '08, I was told that my septic system is failing. The company that came out to svc it, told me, that when the previous owner had the tank emptied at the time of the sale, they were told that the the system was saturated and/or failing. This is going to cost me, at least, $5000.00 to repair. Do I have any recourse with the previous owner and/ or the realtor?
2 Answers from Attorneys
Re: Septic System Failure
This type of case is somewhat difficult to prove and is often expensive. The key to success is to be able to prove that the seller and/or the broker actually knew that the system was in failure and misrepresented it on the property listing sheet or, if you actually asked about the condition of the system, responded falsely.
If the company you hired to service the system is the same one who found it deficient for the previous owner, that would be helpful.
The presentation of this type of case is likely be easier with the assistance of an attorney.
Re: Septic System Failure
It would depend upon the disclosures that were given to you; any verbal representations regarding the septic system; and finally what due diligence you did to have the system inspected BEFORE you bought.
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