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We are involved in a private home/land purchase agreement that is going south. Do we have any recourse?
Anonymous3 views3 answers
This is a 25 home community with common water (well) and septic system (drain field). we moved in on 12/18/14. The septic system has failed. There is sewage water leaking out into the driveway of the community and in an area next to it. The EPA is actively investigating and has threatened that their next step is to condemn the properties for the health hazard, They have been involved in here for 6 to 8 months. This fact was not disclosed at time of contract. In fact, when asked, he said that there was a short term $50 payment on the homeowner fees to cover the repairs that had just been made to the drain field. The seller was acting president of the board and was well aware of the septic issues. The owner still has a mortgage on this property, receives mail and stores items here.
First and foremost, I am truly sorry to hear that you have experienced this mess of an issue. I couldn't even imagine what you must feel having this creep up on you immediately after the euphoric feeling of purchasing your home.
There are several potential basis for recourse that you may have all dependent upon the scope and performance of the contract for purchase. If your inspector failed to pick up on this issue and was tasked with confirming these types of defects, then you could have an action against the inspection company. If the owner had knowledge and a duty to disclose, and failed to disclose, then you might have a claim against the owner who sold you the property depending upon the terms of your purchase agreement. Alternatively, you could have an action for latent defect on the property.
What I suggest is that you speak with an attorney who can review the purchase agreement, the inspection report, the agreement with the inspector and the notices regarding the septic system so you will have an opportunity to be fully advised on what recourse you might have in this situation. You should be able to find an attorney on .com, using the "Find Attorney" feature.
George F HarderBusiness AttorneyWesley Chapel, FL ·
Without seeing the contract, this is just some blind guesses. The seller failed to inform you of the problem. Did the seller have a realtor. They are also liable for any damages. You may have a cause of action for rescission since the purchase was very recent.
Now to your septic problem. Find the sump and have it pumped out. The drain field is probably not the problem.
Mr. Shamy wrote a thorough response. I would just elaborate that a seller in Florida has a duty to disclose any material facts that are not readily observable and that impact the value of the realty being sold. Clearly this septic issue falls into that category of items that the seller was obligated to disclose.
Contact a real estate attorney right away.
