Septic testing failure lawsuit:

A defective septic test and bad septic inspection led to a lawsuit after property buyers discovered, 24-hours after moving in to their new home, that the septic system was not functional, having a totally blocked septic tank and a completely failed leach field.

The text demonstrates how to prove that a septic inspection and dye test were improperly conducted, failing to have even a chance of protecting the client from the expensive surprise need to completely replace a septic tank and leach field.

Septic Failure Lawsuit FAQs

These questions & answers were posted originally at SEPTIC FAILURE LAWSUIT - see that article for a description of legal criteria and considerations in disputes over whether or not a septic test was adequately performed.

4 Years after I bought my house I was told its septic system should never have passed

Bought a brand new house 4 yrs ago drainfield has failed been told by environmental health off socials and by a drainfield co that drainfield should have never passed inspection

Bought house 4 years ago brand new drainfield failing was told by septic people it should have never passed inspection have had health dept.

Drainfield contractor here and was told it was not my fault and they would correct problem have not heard from them since - On 2018-10-18 by Rosemary doss

Reply by (mod) - Get hard facts about septic inspection & failure

My sympathy Rosemary.

If you can get hard factual data about the installation that would support what is otherwise, unfortunately, arm-waving opinion.

For example, soil perc test results and details of how it was conducted, soil properties, trench properties, width, gravel, backfill, piping.

You might also get some information by having the drainfield lines scope and filmed with a sewer camera.

You also want to identify any actual damage - such as crushed pipes, that could have occurred if some fool drove heavy equipment over the fields.

Frustrating indeed. You may need to go to small claims court.

I relied on seller-provided septic inspection report, now I find it was deceptive: do I have legal recourse?

I purchased and home and the seller provided a septic inspection upon our request.

This inspection failed to mention that a septic air pump was installed to fix previous problems. It also failed to mention that the septic air pump was no longer working.

Aside from that the gutters drain straight onto the septic drain field and none of that was mentioned on the inspection. Everything on the inspection was checked “good”. Do I have any legal options against the inspection company or the seller? - On 2018-03-15 by Brent

Reply by (mod) - You'll have to prove fraud

Brent

Unfortunately in a real estate transaction a buyer should never rely on seller representations and should be advised by their attorney (I am not an attorney this is an OPINION) to do their own due diligence. Inevitably a seller, unless they are poorly informed, will take great care not to accept liability for future conditions at a property nor for defects in any disclosures.

Real estate disclosure laws vary by country and state or province.

There remains for you to take this question to your own attorney along with the question of why you did not have your on expert, independent home inspection and perhaps septic inspection.

 

On 2018-02-26 by (mod) - avoid conflict of interest in septic inspections and repairs

Thank you for your comments Septic Surgeons.

I would add that because there are fundamental, serious, innate conflicts of interest between people profiting from the sale of a property and the property buyer,

the buyer will be best served by relying only on consultants who are completely independent of the transaction in every way: no kickbacks, no referral fees, no profit from the sale; that generally includes property owners or sellers, and attorneys and realtors who depend on real estate sales.

Septic Company Offers Advice on Evaluating Septic Information when Buying a Home

The Septic Surgeons, Inc. said:

Be very clear on this.

With over 40 years in business, I still don't have an attorney recommendation, for a septic issue, that I can provide. If the property has be vacant for over two weeks, I suggest you discuss, in detail, with your real estate agent, what the former owner is "stating" regards the condition of the septic system.

Your real estate agent, you know, the PROFESSIONAL ONE, should provide an in depth working knowledge of representing a buyer on the purchase of a property with a septic system. You should also be aware. the local county health department provides a great deal of information about the property and location. You should also become familiar with several terms:

Dye test-Surge Test- Drain field- Dry well-Leach lines- Aerator-Aeration system- County codes- Inspection costs- Off lot discharge- On lot discharge- Gallons per day- Pumping cost- Last time pumped- Age of system-List of repairs completed.

Just to mention a few things I discuss when I offer an opinion. septicsurgeons @ aol.com

Septic system replacement in N E Ohio can cost between $10,000 and $35,000 on the residential side.

My advice: find a septic installer with an A+ rating with the BBB and 20 years experience in your area. It's also a very good idea to talk with the neighbors, and ask if they are aware of any issues. If there are, they will give you an ear full.

Joe

Pay [your septic inspector ] $250 to $300 to inspect and consult on your property, talk to the county, both realtors, gather records and reports, and provide you with his best judgement

My new septic system failed after 7 years: can I sue?

I sold my home and new septic system failed was only 7 years old do I have a case - On 2017-05-15 by Cheryl McGann

Reply by (mod) -

I don't know, Cheryl. You might start by obtaining an expert and documented opinion on the nature of the failure and its cause.

Then take that information to your lawyer along with information about your home, the septic installation, its contract, etc.

Even a brand new septic system can "fail" if it is misused. We need to know exactly what's meant by "failure" in this case before we can decide who caused what trouble.

When we bought our home the septic system passed it but it collapsed and failed in less than two years - who's liable?

We purchased a home in 2013, A septic inspector passed the septic saying it would continue to function with continued normal maintenance. 1.5 years later the septic collapsed leaving a large hole full of waste in my yard.

Out of curiosity, we showed pictures to other septic inspectors who stated that they saw a potential problem with the septic and it should have been caught. Is the inspector liable for passing the septic? - On 2017-03-20 by Jennifer

Reply by (mod) - Septic "pass-fail" reports are of questionable value

Jennifer:

I'm of course nervous about "pass-fail" reports on septic systems, in my opinion not a very smart use of terms for a system that's mostly buried.

A septic report, to make any sense at all, must describe just what the inspector did, saw, and concluded.

If you have photos of the system and other documentation of its condition at the time that your guy inspected and "passed" it, those might show evidence of trouble that he ought to have reported. (Were there conflicts of interest such as an inspector recommended by the realtor or seller?)

Photos of the system after the collapse might also give information that'd make me critical of the original inspector - depending on what's there. For example, if we had reason to know, back in 2013, that there was an old steel septic tank, no one with any sense would have given an open ticket to the future for that system. Steel tanks rust out, baffles rust off, and worst, steel lids collapse.

I can't find an offical recording of the test that was done on my septic system 4 months ago

My septic test on the home I purchased 4 months ago was not recorded with the county nor is there any copies with the realtor, bank or title company. Our system is working but was installed 45 years ago. I trusted that when my realtor said it was done and completed that all was well. I am concerned that I may have a problem. Please advise. On 2016-06-28 by Kelly

Reply by (mod) - Septic tests are not normally recorded with anybody

Septic tests are not normally recorded with anybody; the septic test is usually performed by a private contractor, perhaps a home inspector or (sometimes with some competence) a septic company (usually not as they don't wait around to run enough water or they just want to pump and run).

Trusting your realtor is a fundamental error as the realtor has conflicting interests in wanting a sale to go smoothly. If your lawyer was working for you, not the realtor nor the seller, then she could have told you that.

My OPINION is that it would be stunningly rare for a competent, experienced, informed home inspector or septic inspector to hear that a septic system was 45 years old and to promise you that it would continue working successfully one second past the date of sale.

I'd make a general caveat about age and unknowns even if I did a loading and dye test and tank inspection and D-box inspection that showed no trouble.

If you purchased a home and relied on an inspection report for which you were never provided a copy, something is rotten in the state of Denmark - or more accurately rotten in your real estate transaction.

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Continue reading at SEPTIC FAILURE LAWSUIT or select a topic from the closely-related articles below, or see the complete ARTICLE INDEX.

Or see these

Septic Failure Articles

• SEPTIC FAILURE SIGNS
• SEPTIC FAILURE CRITERIA
• SEPTIC FAILURE LAWSUIT
• SEPTIC FAILURE SPOTS
• SEPTIC FAILURE SIGNS
• SEPTIC FIELD FAILURE CAUSES
• SEPTIC TANK PUMPOUT TIMING ERRORS

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