MAY 3, 2017 Volume 12 • Issue 18
RE WEEKLY STORY COUNTY
RESIDENTIAL • ACREAGE • FARM • COMMERCIAL • AREA DEVELOPMENT 515-233-3299 • 317 5th Street, Ames All REALTOR® ads within are REALTORS® licensed in the State of Iowa
O n l i n e a t w w w. A m e s Tr i b . c o m / r e a l e s t a t e w e e k l y
Page 10 • Story County Sun • Wednesday, May 3, 2017
DEAR MONTY
Do homebuyers have a septic tank problem?
R
eader Question: We moved into our house 2 days ago. Yesterday, we came in from the yard to discover the toilet in the half bath overflowed and flooded the bathroom, laundry room and part of the kitchen. We searched the rest of the house and saw that the other two toilets had overflowed and flooded the other two bathrooms and all 3 of our bedrooms. Then we realized that the old septic tank is still connected to the house. We were told the seller had installed a new septic system.
agent who suggested we contact the title company. What are our options here?
RICHARD MONTGOMERY
We’ve come to understand that the homeowners were acutely aware of this issue, and not only failed to disclose it, but took measures to hide the problem (i.e. installing a new tank, rerouting the washing machine drain pipes, and turning off the water to all the toilets). We called our
Monty’s Answer: It seems out of the ordinary that a seller who was intent on taking advantage of a buyer would first invest in a new septic tank. Monty assumes you had the home inspected by a certified home inspector. What did the inspection reveal? Was the water shut off noted in the inspection report? Most inspectors would be on high alert if the water were turned off. Did the inspector
inspect the new septic system? Was a permit for the new septic issued? Did the seller furnish a “seller condition report” disclosing any material defects? Did the seller occupy the home until the closing or was the home vacant when you first viewed it? If the repairs are $10,000 and not $500, it demonstrates a material defect, rather than an overlooked repair. Your next step is to ask an attorney for their opinion as to the strength of your argument.
With the information you have gathered, you or your attorney should approach the broker/owner of the real estate company with your facts. Richard Montgomery gives no nonsense real estate advice to readers most pressing questions. He is a real estate industry veteran who has championed industry reform for over a quarter century. Send him questions at DearMonty.com.
Story County Sun • Wednesday, May 3, 2017 • Page 11
Page 12 • Story County Sun • Wednesday, May 3, 2017