KelsieG wrote:That's something I was curious about, actually. I know some states/counties have laws that the SELLER is required to have a septic system inspected before a property can be officially sold to the new owner. Was this what happened in your case, or did you have to pay for the septic inspection? I'm going to find out what the law is for Illinois/this specific county, but that would be one area of concern taken care of if there was such a law in place.
It is supposed to be the seller here. We had a very unusual sale-we worked directly with the seller although we had lawyers, we never met him though. He lives downstate. We just wrote him a letter to see if he would sell and he said yes.
Anyway, when we were under contract, his lawyer sent back the contract with a clause stating he wouldn't be responsible. We disagreed, our lawyer went all legal eagle on his lawyers...and we contacted him directly so the lawyers wouldn't make a mess of things. We had agreed on a sale price that was a good bit less than he had it on the market for a year previously and he didn't want to be out any more money on it. So we agreed that we would pay the testing fee if he turned the water back on and paid for the water. We actually had the town out to turn on the water and repaired the lines that were blown out in order to get the test done. We mowed the lawn all summer too, lol (we closed in the fall).
In NY, on a foreclosure, the seller (bank or government agency) is NOT responsible for septic. We found that out when we looked at a foreclosure we really liked. We just didn't have the $8k extra to put in escrow until we lived in the place long enough to get it tested, so we couldn't go for that one.
The Cottage Blog: http://eclecticcottage.blogspot.com/
Current home: 1950's Summer Cottage turned year round home (the Cottage)
-@ 700 sq ft, heated with a wood stove, on the shore of Lake Ontario
Previous home: 1920's Vernacular (the Old House)