Selling House and Failed Septic Inspection

[sailfast]

OP here. So, my crooked real estate agent, who has from day one assured me that if the septic test failed, he'd negotiate a cost split with the buyer, now says, "tough luck, you have to pay the full cost, or you can't transfer the title." Shame on me for even slightly trusting him. Next step is to meet with the soil guy from the county and see how expensive a system I'm stuck buying for the next guy.

Tell him to get back to work or he is gone.
It is a sellers market...

 

[sailfast]

What you have said is true, but in my case I don't have the leverage. If I walk, I still have to fix it, then wait until spring to get a decent price for it, with a torn up yard. I agree that I need a new agent, but I can't switch horses at this point in the stream.

My disappointment with the agent is his assurance he could negotiate a split, then his 180 degree spin the day after the inspection. I feel he was disingenuous.

Not necessarily true at all. You can fire the agent.
And they live on their reputation, threaten his reputation and he is much more likely to work. Here one can file a complaint against their license.
Call the buyers agent directly and ask to split the cost.
And, depending on where you live you may not be stuck by the weather.
Or fix it and raise the price. Remember... Sellers market

 

[Travelover]

Not necessarily true at all. You can fire the agent.
And they live on their reputation, threaten his reputation and he is much more likely to work. Here one can file a complaint against their license.
Call the buyers agent directly and ask to split the cost.
And, depending on where you live you may not be stuck by the weather.
Or fix it and raise the price. Remember... Sellers market

It is not a seller's market here. I had it on the market for 6 months before it sold, with steady price reductions. I clawed back 2% from the agents to make this sale, so that well is dry.

 

[TheMan419]

It is not a seller's market here. I had it on the market for 6 months before it sold, with steady price reductions. I clawed back 2% from the agents to make this sale, so that well is dry.

You don't know if that well is dry from YOUR agent. He TOLD you that there would be a split. You are entitled to know if he even asked. If he didn't why not?

If you don't ask you won't know.

Taking action against his license does not help you in the here and now, but may help the next guy. I would not take that action until your deal is closed, or you choose to walk from this sale. You don't want your agent pissed at you for making the complaint to the licensing agency while you are still trying to close this deal.

 

[Travelover]

You don't know if that well is dry from YOUR agent. He TOLD you that there would be a split. You are entitled to know if he even asked. If he didn't why not?

If you don't ask you won't know.

Taking action against his license does not help you in the here and now, but may help the next guy. I would not take that action until your deal is closed, or you choose to walk from this sale. You don't want your agent pissed at you for making the complaint to the licensing agency while you are still trying to close this deal.

I don't think it is actionable, it is not fraud, it is just typical sales crap.

 

[teejk]

I don't think it is actionable, it is not fraud, it is just typical sales crap.

Having bought and sold 3 houses in my lifetime I am more surprised when a real estate agent tells the truth. The listing agreement does create an agency relationship but without anything in writing it will be a "he said/she said" thing. As for firing the agent, be careful. Many agreements specify that the agent will be entitled to part of the commission if the sale was negotiated during the listing period with that agent.

 

[sailfast]

I don't think it is actionable, it is not fraud, it is just typical sales crap.

Doesn't necessarily have to be fraud to be actionable.
But frankly bad reviews can be worse than a black mark on ones license... If it is a slow market even more so.
Sounds like the situation is already in trouble so throwing a shark in the tank may get him reengaged.

 

[Creamer]

I would be very careful about going to the county. I had some septic issues at my place and if I would have gone to the county they would have required an immediate replacement of the whole system. I just had a guy add on two new legs to the drain field and have not had an issue since.

Once the county is involved you may be required to do much more than you need to pass the test. Get a reputable septic guy to help you define what is needed and get it done.

Maybe it is just my way of looking at it but the government people are not going to take any risks and they do not really care what it will cost you so their perspective is to require everything imaginable to minimize their own risk.

 

[Travelover]

I would be very careful about going to the county. I had some septic issues at my place and if I would have gone to the county they would have required an immediate replacement of the whole system. I just had a guy add on two new legs to the drain field and have not had an issue since.

Once the county is involved you may be required to do much more than you need to pass the test. Get a reputable septic guy to help you define what is needed and get it done.

Maybe it is just my way of looking at it but the government people are not going to take any risks and they do not really care what it will cost you so their perspective is to require everything imaginable to minimize their own risk.

In my county, you have to have the septic inspected in order to transfer the deed. So, they have anyone with a septic system by the short hairs. And which way does an inspector lean? Nothing to gain by passing it and everything to lose if the next owner has a bigger family and blames him for problems. My system is 50 years old, but it still works great for two. County says with 4 bedrooms, it has to work great for a full house.

 

[downsizingnow48]

Going back to the first post which says purchase agreement contingent on passing inspection. So it failed septic which means no purchase agreement. Unless there is a clause which says Seller has to remedy any deficiencies. Which I have never seen but could be there I guess. Anyway seems to me the OP has good options. Like someone already said, this deal has fallen through, so do the upgrade and readvertise at a higher price later on.