Legal Question in Real Estate Law in Nebraska

septic tank problems with house

We bought a house that we were told was everything was in good working order. Just after moving in there, we had the septic tank gurgling. It has been found out that the septic tank is only 300 gal. And the wall of the septic tank is crumbling. We had a plumber there that stated that the septic system was not up to code and the house should not have even been sold with the septic problems. We have battled with problems for a year now, and really feel that the seller should have had it fixed, and not told us that everything was good and the inspection they had said it was all okay. We routed the shower and washer to a drain out to the ditch, and we are having to flush the toilet sparingly and was dishes in the bathtub. Is there any liability that the seller would have to have the repair done to the septic system? We signed a paper stating that all was in good working order and up to code, but have found that it is not up to code. But we were deceived by thinking everything passed inspection.

Asked on 8/19/08, 10:36 pm

1 Answer from Attorneys

Duke Drouillard Drouillard Law, LLC

Re: septic tank problems with house

It would probably be cheaper to just have the septic tank replaced. You would need to pay an attorney in advance to investigate a cause of action against the seller. If seller knew the tank was defective, and you can prove seller knew of the defect, then you would have a viable claim against the seller for the difference in value between the septic tank you have now and one approximately the same size which is up to code. The plumber may or may not be an expert on septic systems, but he is not qualified to provide expert opinion on the legal aspects of the sale.

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Answered on 8/19/08, 11:17 pm

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