We are purchasing an REO home and, after a failed dye test and further investigation by a qualified

Lynne
Home Buyer
Erie, PA

inspector, discovered that the homes septic system was not only blocked but draining into the ditch. Our purchase of the home is contingent on the septic inspection passing but, we are wondering what liabilities the bank has now that this 'not-to-code' prob. has been discovered. Are they legally required to fix the system or can they now back out of the contract? Thanks. Erie, PA

Answers (3)
Barbara Vance
Agent
orlando- windermere...

Hi,

I don't think the bank has to fix anything. Usually in their contracts they have the right to cancel and their addendums a very slanted towards their benefit. BUT.....If the bank doesn't work with you on this and you walk, I would sincerely hope that they would have to disclose the issue to the next potential buyer. Why would they get a better price frrom the next guy.

Back several years ago a bank was informed of a past sink-hole issue and didn't disclose to a purchaser. She found out --- and a lawsuit followed against the bank and the listing agent. So I think the bank really hasn't a better choice. The have a ready and willing buyer (you) and can readily fix the septic and close.

Hope for the best.

Barbara

Fri May 16 2008, 14:52
R&B Capital...
Other/Just Looking
Erie, PA

This wouldn't happen to be in Harborcreek, would it?
If so I have run into a similar situation and have some information on possible public sewer being installed in certain areas.
If the bank dosen't pay for the septic to be repaired in full then I would walk from the deal. Unless they offer one heck of a discount, and you have information that would allow you to ensure the problem can be remedied for less than the discount they offer you.
If they don't fix the situation, then I bet 100 to 1 that you can walk away from the contract, and ge your entire deposit back.
Rick

Fri May 16 2008, 14:45
Thomas H. Evans...
Agent
17740
FIRST ANSWER

Lynne,
It depends, (as PAR's council likes to say.) Your choice of cure is chosen in the inspection section of the sales purchase agreement. Usually the seller can back out if the cure is too costly, or agree to sell without cure, or some agreed partial $$ remedy. You normally can walk if the seller won't provide an exceptable cure.
The seller could not occupy the property if the muncipality finds the septic is not functioning acceptably. The home may be able to avoid the cure if not in use. Any attempt to resell the property would be expected to include full disclosure about the current condition of the septic. The SEO for that locale might force an immediate cure if the septic is failing such that the neighbors are endangered.

Tue May 13 2008, 23:40

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