January 19, 2008
Posted by kloger
What rights do we have against a certified county inspector that failed to find major flaws in a rural septic tank system?
We sold our home in MN in July. The buyers noticed strong sewer odors in the basement following a very hard rain in August. They subsequently (Oct) ended up replacing the tank and line leading from the house to the tank at a cost of $4400 which we are being asked to pay.I am not in dispute with the buyers. We had a similar problem during the first 2-3 years we lived there during very heavy rains and had various professionals look at the system. Approx 3 years prior to the sale we had the plumbing vent system redone (just before spending $50,000 to remodel the home). The problem never returned until after we sold the home.
The day before the septic system inspection the buyer's agent called to see if the inspection had been done. He also asked if we had ever had a problem, since the disclosure said nothing. At that time I thought about the problem we felt had been fixed and I mentioned it to him and the fact it had not reoccured in 3 years. He and I both thought we would mention all of the above to the inspector and have him tell us if he could find anything that may be faulty based on those facts. I did so the next day, telling the inspector everything. The inspector told me the tank was definately no faulty and he would do additional inspecting to see if anything could be detected on the lines from the home to the tank. He passed the system with no comments.
Had I known we would have to replace the system I would have had the opportunity to attempt to recover some of the cost through the sale price. What recourse or rights to I have in this situation?
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