[remaxkim]

We closed on our house a little over a year. The seller was supposed to replace the septic system and it was in the contract. Our septic system, we find out, was not installed properly and the tank is caving in due to incorrect installation and errors made. There are no records of a permit pulled by a company to install that system and the inspector stated he was never at the house to approve the installation. The seller is giving us the runaround about who it was that installed the system and how to contact them. Are there any laws that protect us to make sure the repairs are made so the septic system is corrected?

[landlord advocate]

Did the contract state that it was to be installed by a licensed and bonded installer? If so, have an attorney write a letter asking for the name of the installer.

[Fr_Chuck]

A septic can not be installed even by the homeowner without having the state inspecter first OK it and OK it again after it is done.

So you get two estimates for fixing it correctly, and sue the seller for your damages on breach of contract.

[LisaB4657]

If I were in your position, first I would send a letter to the seller by certified mail, return receipt requested, AND by regular mail, informing him that he has 10 days to get his installer out there to repair it and get it inspected, at the seller's cost. Then say that if he doesn't have that done within 10 days then you will have it repaired and inspected and you will hold the seller responsible for all costs.

If the seller doesn't do so, then follow FrChuck's advice. Get at least two estimates for repair, have it done by the contractor that is less expensive, and send the bill to the seller along with a demand that he reimburse you within 10 days. If he doesn't, file a lawsuit.

(The reason for sending the letters by certified mail and regular mail is that, if the seller refuses to accept the certified letter but the regular letter doesn't get returned by the post office, then that is considered proof that the seller received the letter.)

[landlord advocate]

If I were in your position, first I would send a letter to the seller by certified mail, return receipt requested, AND by regular mail, informing him that he has 10 days to get his installer out there to repair it and get it inspected, at the seller's cost. Then say that if he doesn't have that done within 10 days then you will have it repaired and inspected and you will hold the seller responsible for all costs.

If the seller doesn't do so, then follow FrChuck's advice. Get at least two estimates for repair, have it done by the contractor that is less expensive, and send the bill to the seller along with a demand that he reimburse you within 10 days. If he doesn't, file a lawsuit.

(The reason for sending the letters by certified mail and regular mail is that, if the seller refuses to accept the certified letter but the regular letter doesn't get returned by the post office, then that is considered proof that the seller received the letter.)

Rather than sending by regular mail, send it "Certificate of Mailing" for 90 cents. The Postmaster will give you a form proving that he accepted the letter for mailing. It is delivered the same as regular mail.

[RichardBondMan]

I agree with all answers but here's what LisaB's is asking you to, in essence, do - if there is no answer to you letter you send to the seller of your home 1) get estimates, then pay for the repairs or possibly a new tank, etc yourself and then seek reimbursement from the seller and then perhaps seek compenstion in the form of a lawsuit. This may not be practical for you financially and as LisaB knows, a sussessful lawsuit may result in a judgement which you now must somehow collect. It's not totally clear in your question if the tank was actually replaced from several readings of your question, but let me assume that it was if you do not mind. I would like to know what contractor installed the tank, if he is licensed and if so licensed, if he was bonded. Bonds are generally required of such contractors by either the city, county or state where the work was completed. In some cases, the specific governmental agency might be a contractor's licensing authority or even a Dept of Public Health. Bonds such as these generally will require compliance with a specific code and some bonds, if the code so dictates, require not only complettion of the job but other specific requirements which are impossible to mention here. If you can determine somehow, what contractor performed the work, then I would also recommend a certified letter to the contractor alsomuch like LisaB recommended. Bonds are money that are on standby should a contractor violate the terms of his license and not follow established codes and are usually a prerequisite to the granting of a license. I am concerned that the inspector you contacted advised you there are no records of a permit being pulled nor that he has no recollection of inspecting the work. Perhaps the inspector was incorrect? I thnk the contractor, if there was one, needs to be involved into this matter also as any bond posted would require proper installation and proper code compliance would most certainly be guaranteed by a license bond with no out of pocket expense to you and avoid your having to wait for both successful termination of the lawsuit and then collecting on any judgement you might be awarded. Please understand I am not an attorney nor am I rendering any legal advice. I am writing simply with 30 years experience of providing bonds to contractors. Other avenues to explore might also be with the home inspector if you requried a home inspection and also with a real estate appraiser that might have been engaged by the lending instutition that you may have used if you were granted a mortgage.