Legal Question in Real Estate Law in New Hampshire
Septic System Failure
I purchased a home in July '07 and now my septic system is failing. I requested the tank be emptied prior to the purchase. The previous owner was told, at that time, that the system was failing and/or saturated. He did not disclose this information to me. I was told this by the same septic service company that emptied it. Do I have any recourse and should I contact my realtor about this? Also, is it worth fighting?
1 Answer from Attorneys
Re: Septic System Failure
Unfortunately, the answer to your question is "it depends." First, did the realtor know about the septic situation? Did the Seller disclose it to the realtor? Did you ask about the condition of the system before purchasing? Did you conduct any inspections?
Then, to determine if it is worth pursuing, I would need to know what you estimate the cost of the repairs and how much you are willing to invest to pursue the matter. If the seller is not willing to cooperate, you'd have to file a law suit. The next issue is that upon winning, does the seller have assets or money with which to pay you.
I suggest that meeting with an attorney would likely be the best first step.
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