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Andrea, Esq.
Andrea, Esq., Lawyer
Category: Real Estate Law
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Experience:  I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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Minimum mandatory government retrofit standards.Buyer is

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Minimum mandatory government retrofit standards. Buyer is requesting seller pay for a sewer lateral replacement. Replacement cost is $4500. The city has an ordinance that requires the sewer lateral be replaced within 6 months after close of escrow. The buyer is claiming the sewer lateral is a minimum mandatory government retrofit standard, and therefore must be replaced at sellers expense.
Property is in San Pablo,California. 
True or not true

Submitted: 5 years ago.
Category: Real Estate Law
Expert:  Fran-mod replied 5 years ago.
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Customer: replied 5 years ago.
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Customer: replied 5 years ago.
Please continue searching.
Expert:  Andrea, Esq. replied 5 years ago.

Hi, and Welcome to JustAnswer. Thank you for your question.

 

My name isXXXXX am an Attorney and would be glad to help

 

Let me see if I can find anything for you and I will return with any results I find,

 

Thank you,

ANDREA

Expert:  Andrea, Esq. replied 5 years ago.

Hi, again,

I apologize for the delay, but the researh took more time than I had anticipated and the Answer was not easy to find, nor readily available. I researched your question, including reading the Ordinances of San Pablo, California and have found that the statement is neither true, nor false. This is not an attempt to confuse you, so let me explain.

 

 

The East Bay Municipal Utility District ("EBMUD") Wastewater Control Ordinance requires property owners in certain areas of the EBMUD wastewater service area to obtain a compliance certificate that shows their private sewer laterals ("PSL's") are without defects and have proper connections. The ordinance specifies three conditions which require property owners to test and, if needed, repair or replace their private sewer laterals:

 

1. Prior to selling the property; or

 

2. When obtaining any permit for the construction or modification of the property estimated to be greater than $100,000;

 

3. When increasing or decreasing the size of the water met

 

 

If the owner is selling the property and repairs or replacements are required in order to sell it, their cost can be negotiated with the buyer and divided between them, but the owner and buyer cannot waive these requirements. However, the property can be sold "As Is", and if the buyer accepts, he will bear the cost of the repairs.

 

 

However, a property is exempt if the private sewer laterals on an affected property are less than 10 years old, were fully replaced before August, 2011, and the owner provides evidence of the replacement work and date performed.

 

If repairs or replacements are required, but cannot be completed by the closing date, the owner may apply to EBMUD for Temporary Waiver up to 180 days from the date of closing to complete the repairs, and pay the fee of $150.

 



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Expert:  Andrea, Esq. replied 5 years ago.
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ANDREA, JD,LLM
Customer: replied 5 years ago.
Hi Andrea,
Your research is very thorough,however the question remains, can the sewer lateral be considered a 'minimum government retrofit standard.'
The purchase agreement states the seller will pay for any compliance to meet this minimum government retrofit standard ( California Association of Realtors purchase agreement line item 4b.
I am trying to figure out what is defined by minimum government retrofit standard and if sewer lateral replacement falls within that definition.
Buyer believes sewer lateral replacement falls within that definition only because the city ordinance calls for it, as you pointed out.
I believe sewer lateral replacement does not fall within that definition only because it is a replacement and not a retrofit.
Your thoughts
Thanks
John
Expert:  Andrea, Esq. replied 5 years ago.

Thank you for your follow up questions,

I would respectfully XXXXX XXXXX your statement that,

"...The city has an ordinance that requires the sewer lateral be replaced within 6 months after close of escrow.........."


Actually, the Ordinance states that if repair or replacement is required, but the work cannot be completed by the closing date, the Seller/Owner may apply for a "Temporary Waiver" for up to 180 days after the date of closing to complete the work.

 

 

Your question read as follows:


"...The buyer is claiming the sewer lateral is a minimum mandatory government retrofit standard, and therefore must be replaced at sellers expense. Property is in San Pablo, California. True or not true"

 

 

 

As you can see, you did not request the definition of the "minimum government retrofit standard".

 


I gather that the real issue is whether or not the property's lateral sewer connections meet some mandatory minimum requirement. The sewer lateral connects the pipes from a structure to the sewer main in the street. The goal of the program is to insure that there are no leaks in these private lateral connections and an air test can determine if there are any cracks where leaks would occur. When this test is done and it is determined that the private sewer laterals are free of defects, a Certificate of Compliance will be issued by EBMUD.



The East Bay Municipality, Office of Wastewater Control conducts the inspections and issues the Certificate of Compliance which is necessary in order to have a closing, Therefore, if there is a definition beyond "free of cracks and leaks", they would be the office which has it.

As you can see there is nothing that defines the minimum mandatory. The requirement is that it be free from leaks.

Here is the contact information for EBMUD:

Email us [email protected]

Call 1-866-40-EBMUD (Mon - Fri 8:00 am - 4:30 pm)

XXXXXFirst Floor, Oakland, CA 94607

 

I tried to read the brochure whose link I have provided below, but for some reason I could not enlarge the type and asa result, I could not read it. Maybe you will have better luck.

 

http://www.ebmud.com/sites/default/files/pdfs/private-sewer-lateral-brochure-2012.pdf

 

 

I have spent several hours researching this one point and have not found a definition. this is not to say that there isn't one. However, I do not believe that further research beyond what I have done will reveal any definition of a "mandatory minimum". If you would like I can opt out and open to other experts who might be willing to try it.

 

 

As one of the Experts, I assist customers, like you, for a living, it is not a hobby or a pastime. I furnish information to you in good faith and hope that you will respect the honor system in the Terms of Service and press the "Accept" button so that I receive credit for my time and effort in assisting you, and a small portion of the deposit you made with JustAnswer. Unless a customer presses the "Accept" button, I do not receive any credit or payment.

 

 

 

POSITIVE FEEDBACK and BONUS are appreciated



Thank you for allowing me the opportunity to assist you,

Andrea, Esq., Lawyer
Category: Real Estate Law
Satisfied Customers: 12554
Experience: I have practiced law for 25 yrs. with an emphasis on real estate, business law, criminal defense and family law.
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