Full question:
I bought a house 9 years ago, I understand that i have to maintain my septic tank and make repairs as needed. But now i have the state of Alaska telling me I have to replace my whole septic system because it is illegal, It seems when we bought the house the current septic tank is pipe directly below our house into our neighbors yard. This is totally illegal and now the state wants it fixed. We had no clue of this and it was never disclosed to us at the time of purchase. We just found out last week. Who can i go after on this issue? I do not feel that it is my responsibility and if I would have know about it i would not of purchase the house for the price ask. I would have either had them fix it, or take the cost off the price of the house.
- Category: Real Property
- Subcategory: Sales
- Date:
- State: Alaska
Answer:
The answer to your situation depends on several factors, including the terms of your sales contract, whether you had a property inspection, and if the nature of the septic system was noticeable during that inspection. You will need to prove whether the seller had knowledge of the illegal septic system. If the seller failed to disclose known material defects, you may have grounds to pursue a claim against them.
To seek compensation, you can file a complaint in court. Disclosure laws typically require sellers to inform buyers of significant defects, which may include issues with the septic system. If the seller provided a warranty, you might also have a breach of warranty claim.
If you had a home inspection, its findings will be important. Whether you can hold the inspector accountable for missed defects depends on whether those issues were visible and within the scope of the inspection. Inspectors often disclaim liability for defects that are not readily accessible or visible at the time of inspection.
Liability for the seller will depend on the specific facts of your case, including any warranties and disclosures provided. Fraud may be claimed if the seller intentionally misrepresented or omitted material facts about the property. To prove fraud, you must show that the seller knew about the issue and that you relied on their misrepresentation, resulting in your damages.
Realtors generally aren’t liable for defects unless they had knowledge of them or provided a warranty. If they relied on information from the seller, they may not be held accountable unless they had reason to suspect inaccuracies. A real estate disclosure statement often protects brokers from liability.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.