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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Legal
Satisfied Customers: 115464
Experience:  JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
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, I purchase a new home in May 2015 under builder

Customer Question

Customer: ***** ***** Burke
JA: Thanks. Can you give me any more details about your issue?
Customer: I purchase a new home in May 2015 under builder warranty. On november 2 my septic tank needed pumping because the drainage field was full of what the builder said was surface water due to a large 4 inch deep puddle at the back of the field.
JA: OK got it. Last thing — JustAnswer charges a fee (generally around $36) to post your type of question to Legal Experts (you only pay if satisfied). There are a couple customers ahead of you. Are you willing to wait a bit?
Customer: The build came in and add soil to the low area so the surface water would not puddle over the field after pumping the septic tank.
JA: OK. Now I'm going to take you to a page to place a secure deposit with JustAnswer. Don't worry, this chat is saved. After that, we will finish helping you.
Submitted: 1 year ago.
Category: Legal
Customer: replied 1 year ago.
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Customer: replied 1 year ago.
On December 24 the septic field filled up again, unable to live in the residence. The builder thinks it is still surface water but the area drains very well. We did have a lot of rain over a 4 to 5 day period. I think it is ground water caused by a spring that gets recharged after the rain. My concern is the county will condemn the property and I will be left with a home mortgage on a house I can't live in. The builder gave an one year warranty on the property.
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.
If the builder installed a non-working septic system, they are liable to make repairs. You need to get an expert to come out to the property to make the determination as to what the problem is causing the septic issues and you need to make a demand on the builder to make those repairs or sue them to hold them liable.
You need to move now. Get an expert to do an assessment so you know what the real issue is, not what the builder says, so you can make informed demands on the builder as they are liable to make the system work under their warranty and also under their duty to perform in a non-negligent manner.
If the septic cannot be repaired, they must replace it. If they can do neither, then they would be made to refund your price of purchase on the house. But you need to move now as the warranty time is ticking.