QUESTION
Who is responsible for disclosing if a house is on sewer or septic?
Asked on Feb 08th, 2016 on Residential Real Estate - California
More details to this question:
The realtor that put my house on the market was fully aware that it was on a septic tank. I am not sure how that was suppose to be disclosed. Now the buyer of the house wants to sue me because they say that they assumed that the property was on city sewer. The house was inspected and there was no mention of this prior to closure. I also believe they want us to pay for the house to be put on sewer. The sell closed mid October and I have not heard anything, but the title company is holding onto my proceeds from the sell in case I get sued. This is how I found out about this whole thing.
1 ANSWER
Estate Litigation Attorney serving Redlands, CA
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Price Law Firm, APC
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The seller of the property is required to disclose whether the property is on public sewer or septic tank in the Transfer Disclosure Statement. You should have signed that as part of the disclosures to the buyer during the sale of the property.
If you told your agent and your agent didn't fill out the paperwork correctly, then you may need to get reimbursed from your agent.
It's unusual for the title company to hold funds to see if the seller gets sued.
Answered on Feb 08th, 2016 at 4:07 PM