Sewage Tank Responsibility

[rbeem127]

What is the name of your state (only U.S. law)? Ohio

2 yrs. ago we signed a land contract. As of April 1, 2012 the contract became void because we could not come an agreement with the owner, cause he wanted more than the appraised value. Our sewage kept backing up, and we finally had a company come out and pump the tank out just last month. The owner came over while we were having this done, and he stated that it had been at least 7 yrs. since it was done. In the original contract it said that we were responsible for all maintenance & repairs. But, since that contract is void, wouldn't the owner have been responsible for the pumping of the tank? Thanks!

 

[Gail in Georgia]

Isn't this a moot point since the tank has already been pumped out?

Gail

 

[Mass_Shyster]

Did the contract become void, or did an option simply expire?

 

[rbeem127]

Isn't this a moot point since the tank has already been pumped out?

Gail

No, it's not a moot point, since it cost around $1000.

 

[rbeem127]

Did the contract become void, or did an option simply expire?

The contract became null & void.

 

[Zigner]

Did you give your LL the opportunity to repair the condition? Or did you unilaterally decide to do this?

 

[FarmerJ]

1 K for a honeysucker , how big is this tank? Im curious , was this a just a rent to own or was this a normal contract for deed reviewed by a atty and properly recorded at the county clerk? If it was a normal CD there would have been a set price and no room later on for any dispute. It is not unheard of for rental properties to have a lease spell out that either the LL will or wont cover pumping cost as part of routine maint and ideally you should have either asked him when the last time it was pumped when you moved there or atleast called local firms to learn if they had records of servicing the property and when it was last serviced once you knew who had done it. If it was recorded failing to have this maintained can be a breach of the contract, ( my first house was on a CD , it clearly said I had to keep the property maintained but had to have consent in writting to make changes)

 

[rbeem127]

1 K for a honeysucker , how big is this tank? Im curious , was this a just a rent to own or was this a normal contract for deed reviewed by a atty and properly recorded at the county clerk? If it was a normal CD there would have been a set price and no room later on for any dispute. It is not unheard of for rental properties to have a lease spell out that either the LL will or wont cover pumping cost as part of routine maint and ideally you should have either asked him when the last time it was pumped when you moved there or atleast called local firms to learn if they had records of servicing the property and when it was last serviced once you knew who had done it. If it was recorded failing to have this maintained can be a breach of the contract, ( my first house was on a CD , it clearly said I had to keep the property maintained but had to have consent in writting to make changes)

I'm not sure how big the tank was, but it was pretty big. We had signed a rent to own contract for 2 yrs. After the 2 yrs. we tried to get the financeing for it, but the bank wouldn't give us the loan because the loan was for more than the appraisal. It does say in the contract that after the 2 yrs. we could re-negotiate, and if we didn't come to an agreement, then the contract would become null & void.

The LL changed the price of the house on us several times, in which I had to show him what the contract actually stated. But, now the contract is no longer good, and he wants more than the appraisal. In the contract it stated that we were to do all maintanance & repairs. That's why I thought it was our responsibility to take care of the septic. But, since the contract was void, & we're on a month to month basis, I thought maybe the LL would have been responsible for the septic.

 

[FlyingRon]

I assume that since it was seven years, we're talking about the septic tank that's ahead of a drain field (Rather than a cistern). Five years is what is the usual interval. $1000 is way expensive. Even here in Northern Virginia which makes all sorts of regulatory hurdles on the process I don't think I've paid much over $200. Did they have to do some other work to the system? If the contract says you're responsible for repairs and maintenance it would have behooved you to determine the condition of the property PRIOR to entering into the agreement. If I was BUYING a house with a septic system I'd sure as hell make sure it was inspected prior to closing even if it wasn't a regulatory requirement (which it is here).

 

[rbeem127]

I assume that since it was seven years, we're talking about the septic tank that's ahead of a drain field (Rather than a cistern). Five years is what is the usual interval. $1000 is way expensive. Even here in Northern Virginia which makes all sorts of regulatory hurdles on the process I don't think I've paid much over $200. Did they have to do some other work to the system? If the contract says you're responsible for repairs and maintenance it would have behooved you to determine the condition of the property PRIOR to entering into the agreement. If I was BUYING a house with a septic system I'd sure as hell make sure it was inspected prior to closing even if it wasn't a regulatory requirement (which it is here).

That was actually the cheapest we could find. They had to dig to get to the tank, which was an extra fee. Again, as I have stated many times, the contract was void.

Never mind. I'll just speak with an attorney here in Ohio.

 

[Zigner]

That was actually the cheapest we could find. They had to dig to get to the tank, which was an extra fee. Again, as I have stated many times, the contract was void.

Never mind. I'll just speak with an attorney here in Ohio.

AGAIN, did you give your LL the opportunity to fix this problem before having the work done yourself?

I suspect not...

 

[FlyingRon]

That was actually the cheapest we could find. They had to dig to get to the tank, which was an extra fee. Again, as I have stated many times, the contract was void.

Never mind. I'll just speak with an attorney here in Ohio.

They always dig to get to the tank here. It's included. Actually I put a man hole on my house in NC to get to the hatch because the later model tanks have a filter that needs to be cleaned periodically and I didn't want to have to dig for it (or call the septic guy to come in and rinse the thing off).

 

[Searchertwin]

The bottom line here and which is mention, is did you give the LL the chance to clean it out or did you do it on your own? If you did not give LL chance to clean it out, than you will have to pay the bill, even if the contract is voided or not.

 

[FarmerJ]

No matter what rent to own is a contradiction since many who sell on them try to set them up so the LL gets out of all repair, Huge mistake as far as I see it so by all means use the services of a atty to see if this mess can be fixed.

 

[rbeem127]

The bottom line here and which is mention, is did you give the LL the chance to clean it out or did you do it on your own? If you did not give LL chance to clean it out, than you will have to pay the bill, even if the contract is voided or not.

Yes I did give the LL a chance to clean it out. He kept saying that he would get to it, but never did. And since it was backing up into the house, we got it done. And the tank was completely full.