Legal Question in Real Estate Law in Pennsylvania

Kept in the dark about Septic System condition at purchase of home

Septic system inspection, repairs\replacement, certification: Purchase contingency. Drainfield pipe repaired. Realtor rec�d Septic Certification Inspection letter (SCI), told us system certified, set closing date, home purchased 04/26/2005. SCI requested several times to no avail until 03/21/05. Sewage backed up, emptied, contractor noted waste not absorbed properly. Township Sewage Enforcement Officer (SEO) to test, diagnose problem, issue work permit. Previous repair done w/o SEO test & permit required by law. SCI notes: tank emptied 03/03 & 04/04; 1 outdated, clogged pipe found, repaired 04/04; slow working absorption system satisfactory; house vacant �6 to 12 months� noted. If �slow working system� for vacant house, SEO testing would have diagnosed problems requiring repair to or replacement of system. Are responsible parties: Realty Co. & Realtor (received report & did not supply report nor advise us of details prior to purchase); Sellers (SEO did not test system nor issue work permit); contractor (repair w/o permit; reported as satisfactory slow working absorption system of house vacant for 6 to 12 months)? Representing selves. Name of complaint(s)? How, where, which forms to file? Restitution? Pain & Suffering? Suggestions?


Asked on 4/05/05, 10:56 pm

1 Answer from Attorneys
Mark Johns Mark Johns, Esquire

Re: Kept in the dark about Septic System condition at purchase of home

Depending on the cost of the repair/replacement necessary you might be better off having a lawyer handle the matter. A lawyer will certainly be more threatening to the other side and the cost of defense the defendants will face will increase, thereby motavating them to offer settlement money. With enough defendants you could be made whole without the length or expense of trial. If you chose to proceed yourself, the cause of action is material misrepresentation, $8,000 and less can be filed in your local district justice office if more, the County Court of common Pleas, statute of limitations is 4 years. The district justice has a form you state the facts of the case on, otherwise in common pleas you need to file a fomal complaint. I offer free consultations.

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Answered on 4/06/05, 7:36 am


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