I was involved in a trial where a couple purchased a new to them house with a septic system. The disclosure documents indicated a "new" drain field had been installed. During the trial, it was discovered that a whopping 50 feet of new tile had been added to the drain field in the past 6 months. It was also found that the septic tank was pumped just prior to the new family moving in. Percolation tests revealed that the 60-year-old drain field had become blinded and had served its useful life. Sewage was seeping up making much of the backyard a health issue beside the odor.
The suit involved the buyers, the sellers, the buyer's realtor company, the seller's realtor company, and the seller's realtor agent. This was such an open and shut case, in my opinion, that I was quite surprised that it went to trial. The property was such that the only way to correct this problem was to add a pumping station at the existing drain field location and pump their wastes to a higher location on their property. Prior to the verdict, the sellers, the buyer's realtor, and surprisingly the seller's agent (who was the person who told the seller's what to put on the disclosure documents and to pump out the septic tank before they moved out) were dismissed from the proceedings. The verdict went against the seller's realtor. The first judgement was the cost to add the pumping station, the installation of a new drain field, and the estimated cost of operating the pumping station for 20 years. A punitive judgement was also awarded the buyers which was essentially the purchased price of the house, $250k.
By the way, the realtor company was and is a VERY well know nationwide realtor.
So, when a listing says, "the septic system has been recently replaced", you need a DETAILED description of what was replaced, where it was replaced, and the age of all the components of the system. I would also not be shy in asking for a septic system inspection and a percolation test for the drain field.
