Legal Question in Real Estate Law in Pennsylvania
Inspections prior to purchase of home
We had a septic inspection done due to a disclosure of ''gray water in heavy rains'' by the owner prior to purchasing a home. The sewage enforcement officer of the township said the basement bathroom needed connected to the septic tank and all else was fine. The owner paid to have this connection done. We purchased the house. We still have the gray water problem that smells like septic and it is 4 months later.Also the problem isn't just in heavy rains like the owner said, it is every day. How binding is this inspection. We have it in writing. If the septic system is failing, it seems like either the owner should be responsible for lying on the disclosure she signed, or the inspector for saying nothing else was wrong other than what he told us. We paid for the inspection and have the results in writing. The sewage enforcement officer also pumped the septic tank.
1 Answer from Attorneys
Re: Inspections prior to purchase of home
You asked about a real estate inspection.
A real estate inspection allows a purchaser to make any demands on which the deal is contingent before closing. Generally, unless a seller cannot be held liable for disclosures made unless there was gross conduct.
A closing really is the last most sellers should hear about a home. And courts are loathe to hold sellers liable for items that were not actively hidden.
Your situation may have a colorable claim, but the expense of prosecuting the claim will easily exceed the cost of the repairs and there is a strong question of whether or not you would prevail.
Go ahead and get the situation fixed, suck it up and know that this is but one in a long string of homeowner expenses.
Regards,
Roger
You may have a clai
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