Just a quick question to any realtors in here.....Buying a lot that the MLS listing stated had a septic system in place. House was destroyed several years ago in weather and removed. Come to find out the septic system was also removed at that time.

Have not closed yet, and it is not the end of the world. But it seems like the listing agent did not do their job to a very high level. Do I have any recourse? It is not enough for me to abandon the deal, but it is frustrating. Just curious what folks in the business think about this.

wouldn't need a SD on this sale.

I usually default back to "what does the contract say". I'm not sure if you guys used a promulgated form that had clauses in there about representation made on the property/improvements.

If it came to it, a judge/mediator might state that you should have noticed this during the diligence period. Even baring that, I don't know that the juice would be worth the squeeze as far as trying to prove/monetize damages.

A commercial guy might be able to offer better advice than myself.

I'm no realtor or plumber so this free opinion is worth just that.

I would think an abandoned septic for a couple of years would be pretty worthless if it was there. If the overall deal is what you want then buy it. Can go back to the seller for some concessions just to see if you can get something knocked off.

What exactly are you trying to accomplish?

Thanks for the responses. Not really trying to accomplish anything, but was curious about what folks in the business thought about it. I agree that it is not a big enough deal to throw a fit over. Just frustrated that when the listing agent was advised of the error she totally acted like it was no big deal. Look, it's an empty lot. In the overall scheme of things putting in a new septic when we build is not a big deal.

But in my job as a real estate appraiser, I depend on MLS listings to do my job, and I see these kinds of errors all the time. So I am probably too sensitive to it.

I appreciate y'all confirming to me that it is not worth throwing a fit over. In the overall scheme of things, we probably would want to replace it with new when we build anyway.

Is it on the survey? If it is on both the listing and survey I think you have a really strong argument for a credit.

If the survey didn't show a septic system maybe the seller will try to argue that you were already provided more current information?

Is the seller an estate or someone unfamiliar with the property? Seems like most sellers would know if they have a septic.

What does your real estate agent say or think about this?

The septic system may have been removed because it failed. In that case, there may be records of its removal, depending on local laws. You could bluff like you plan to bust them.

busdriver88 said:

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Just a quick question to any realtors in here.....Buying a lot that the MLS listing stated had a septic system in place. House was destroyed several years ago in weather and removed. Come to find out the septic system was also removed at that time.

Have not closed yet, and it is not the end of the world. But it seems like the listing agent did not do their job to a very high level. Do I have any recourse? It is not enough for me to abandon the deal, but it is frustrating. Just curious what folks in the business think about this.

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Would you have bought the property without the septic system?

If yes, then carry on forget about it.

LostInLA07 said:

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Is it on the survey? If it is on both the listing and survey I think you have a really strong argument for a credit.

If the survey didn't show a septic system maybe the seller will try to argue that you were already provided more current information?

Is the seller an estate or someone unfamiliar with the property? Seems like most sellers would know if they have a septic.

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Septic systems almost never show up on surveys. We can't see it. We don't know it's there. Aerobic systems are a little different, but not entirely.

Very annoying, yes and certainly part of the purchase calculation.

However, you're likely better off without it anyhow because it's not an expensive you are going to have to incur to remove the old one. The reasoning here is the potential sizing issue to what you'd be building. Now, you get a new system sized correctly for your new home.

Yes. Confirmed it is not there, and if it was it wouldn't be up to code for when we build anyways. I have realized I have not suffered any loss, as if it was there I would have to have it removed when we build. So I have dropped it. In the overall scheme of things, it is not an issue. Shouldn't have mentioned it in hindsight.

Not knowing anything about the site and availability of alternatives (such as city sewer), I would confirm there is no issue with putting in a new septic when you build.

We have run across more than once I house we were set to rebuild that would require the septic to be redone and the new septic would not fit on the lot. With the old septic gone, I would be dang sure I could build a new one or essentially you have a lot where you could put a she-shed and plant a nice garden.

normaleagle05 said:

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LostInLA07 said:

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Is it on the survey? If it is on both the listing and survey I think you have a really strong argument for a credit.

If the survey didn't show a septic system maybe the seller will try to argue that you were already provided more current information?

Is the seller an estate or someone unfamiliar with the property? Seems like most sellers would know if they have a septic.

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Septic systems almost never show up on surveys. We can't see it. We don't know it's there. Aerobic systems are a little different, but not entirely.

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Aerobic systems may not show up on a survey but the permit will be filed with the county, including spray field location and diameters.