I bought my house (new construction in new development) 4.5 years ago. Only 1 new home has been built since I bought mine. Nearly 2 years ago, the developer told the 22 homeowners that live here that he was served foreclosure papers and would not be "pumping the tanks anymore". One homeowner invited the rest of us over and we started trying to figure out what "tanks" he was talking about. Apparently, the waste water treatment plant we were promised was never installed and the 8 holding tanks that were put into the ground originally as overflow for the water treatment system is what we have for a sewer system. We took it upon ourselves to hire a company to empty the tanks and we each pay $150 a month for this service.
I have had my house listed with a realtor for 10 months and have only had 2 showings and no offers. I want out of here! What are my options?
Consult an attorney.
First of all, welcome to the real estate boards - sorry for the situation that prompted you to post however.
You and the rest of the neighbors are to be commended for taking action into your own hands and keeping the "temporary" (now permanent tanks serviced) instead of whining and complaining that the developer defaulted on his obligations.
But, you are in a tough spot. I would suggest that you continue to meet with the other neighbors to see what you can do as a group - landscaping, maintenance, etc. No, you didn't sign on for that but it is clear that the reputation of this development has spread (and not in a good way) so it is in everyone's best interests to try to rescue the area.
Even though you want out, no one else with any smarts is going to want to buy in, SO time to form a neighborhood organization to try to save the neighborhood....
I totally agree with REL about consulting with an attorney but ever try to get blood from a turnip? It's not happening...so figure out how to save the community with everyone coming together. Might just be the only way it happens unless you have the time to wait out the real estate bubble burst and subsequent slow recovery...
Good luck and post back with what you and your neighbors decide to do ~ think many others will be interested in your posts.
The bank that foreclosed on him may have (perhaps unwittingly) also taken title to his contractual obligations regarding the sewage system. As the others have said...get a lawyer!
Too many assumptions! get ye to whichever state or county departments deal with environmental issues, building codes, etc
AZ is not one big desert BUT water quality is a big deal
I agree with Tessa. Contact the water control and environmental folks also building and code people.
Than follow up with an attorney as a group. Although he is filing for bankrupcy - you and your neighbors might be able to take some legal action.
Interview many attorneys because this is not just a real estate closing issue.
Fun and Info
Attorney, environmental and City. It's unfortunate, but this may be your cross to bear.
Emotion will not help you, education is your weapon. Consult an Environmental Attorney to review your documents. In the interim, Environmental and City will help tell you where you are and how to fix it. If damages are your only option, band together and make it safe. Attorneys will sue for damages (which you may never see).
Your reward: you and your neighbors living in a safe environment until the market is viable for sale.
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