Property sold with septic

[Oli]

Hi,



2 years ago we bought a Rent-To-Own investment property just outside of Moncton, NB.

• The MLS sheet indicated "Septic" for sewer.
  The Condition Statement and Certificate Analysis is a little less cut and dry. When asked for sewage, Septic is check off but there is a "holding tank" written next to Other.

During a recent basement flooding due to an issue in the pipe that goes from the house to the tank, we discovered that in was in no way a sceptic system but rather a simple holding tank. There is a pipe that goes from this tank to a nearby ditch. Apparently the previous owners knew it was time to have the tank pumped once "solid matter" was reaching the ditch. This is, to us, an environmental nightmare!



We are now in the process of getting a survey done to install a proper leech field, etc to convert it from what it is to something that will not be detrimental to the environment but also allow us to sell the property. Quoted prices are around $10-20K.



We contacted the seller's agent, a registered/licensed realtor, and she claims that listing "septic" on the MLS sheet can mean anything and that in this case it meant "septic - holding tank".



What do you guys think? Would we have a case in small claims against the previous owners / realtor (through their Errors & Omissions insurance)?



Thanks for your input. Attached files

 

[brentdavies]

Rural property issues all have to do with water and sewerage.

Did you have a property inspection done on the property?



Because the sheet listed septic -holding tank, then you were informed.

I believe errors and omission will not cover the issue.



In my property management experiance, I managed over 80 acreages for over 20 years. I was very practiced in septic issues, so I thought.



In 1998, I bought a farm with 2 houses on it. The newer house had a good operating septic system. The septic field was 20 years old, and I did not have this tested. First mistake. The second house was 60 years old and the septic tank discharged into the bush close the house. Once again no testing done. Strick two.



That winter, I found out that the septic field for the newer house was now "overloaded" due to age and location. The older house septic discharge overflowed and started to run into the road allowance ditch. The local county had a fit. Health warning letters were issued.



My spring project was to install a new sewage field for the 2 properties. I had over 100 acres to place the new system, so the cost was brought down from $30 K to $8K.



All because I thought I was the property expert and did not hire a real expert to inspect.



PS I love changing septic pumps on cold January nights.

 

[Thomas Beyer]

In court you may win .. Or you may not. Your due diligence was sloppy. Fix the problem, send a letter demanding payment and if they don't pay you may have a claim .. Or you may not. Given that the form shows "holding tank" I think your claim is very weak. Credit this error on the credit side of life's balance sheet under "lessons learned" and be more diligent next time.