Legal Question in Real Estate Law in Wisconsin

I am trying to purchase a house using a VA loan. The house has a septic system that is 21' from the house, but current code requires 50'. The house was built in the 1950's, or there abouts, and the septic is underground, pre-existing. Is this something that can be grandfathered in and still have the VA loan usable?


Asked on 5/08/13, 5:22 pm

1 Answer from Attorneys

JAY Nixon nixon law offices

If you decide to purchase a home with an illegal sewerage system or any other serious construction code violation under the rules applicable to your community, you should probably assume that you will need to fix it at your own expense and adjust your offering price accordingly. Even if the seller might have been "grandfathered" under rules then in existence (at the time of construction), transfers often waive any such privileges, requiring the new owner to comply with the rules and correct the problem. Even if you are not required to do so, the prospect of future owners eventually needing to do this is always likely to be reflected in future valuations or sale prices for this property. Please do not assume that I am your attorney because of my response here, but feel free to call my office in Racine (262-633-3090 or email [email protected]) for clarifications regarding my answer. Otherwise, under the rules of this website, I would not be taking any further action on your case. See me on the web at www.jayknixonlaw.com. View my past answers at http://www.avvo.com/attorneys/53401-wi-jay-nixon-1529181/answers.html?sort=recency , or see an even larger collection of responses at http://www.lawguru.com/answers/search/attorney/jknixon, . Answers may contain attorney advertising materials.

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Answered on 5/13/13, 4:42 am


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