Legal Question in Real Estate Law in New York

Septic System failure in Newly Purchased Home

We purchased a home in May 2002. We did inspections on the home prior to purchase. The inspector did a standard dye test. At closing, the seller stated that they had never had the system pumped.

In August 2002, we had the spetic tank pumped. The septic ocntractor said the leach field was in failure. We contacted 3 other septic companies and all said the same thing- the system was in failure and the leach field and tanks needed to be replaced.

The lowest estimate to have this done is $6000.

Do the sellers have any responsibility for this? The home was used as rental income for the original owners. The home is 11 years old.


Asked on 8/27/02, 11:47 am

1 Answer from Attorneys
David Slater David P. Slater, Esq.

Re: Septic System failure in Newly Purchased Home

You should read your contract to see what guarantees were given, if any. Also read your inspectors report to see if he breached his contract with you. If you purchased "as is"you are stuck.

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Answered on 8/27/02, 11:59 am


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