Okay guys I need some advise on a land purchase. We recently purchased a home with 2 magnificent acres of land with a killer view of the mountains in NC. The lot next door abuts ours and the only buildable area would have us looking directly into their house, however the mountain view would still be unobstructed.

The land was offered to us by the current owner primally to serve as a buffer preventing anyone from building on it. The price was $30,000 (1.7 acres) with us paying all closing costs however we just discovered that the soil failed the perk test for the septic, we have advised the owner of the condition and withdrew from the sale.

The owner will soon list the property for sale, is the owner now required to tell the prospective buyer that the land will not receive a traditional septic permit or is it buyer beware?

Also if the selling agent was aware of the failed perk test would he be legally obligated to tell the buyer?

Although privacy is important to us it may not be at any cost, especially if I can not sell it in time of need.

What say you ...

This message has been edited. Last edited by: sig229-SAS,

I'm not sure that's a big enough problem to scare off a potential buyer, especially if priced accordingly.

I have had two homes with septic systems, and it's my understanding that they can design the system to work with just about any adverse condition in existence. May cost more money to make it work, but it is possible. Around here they will not approve septic on new construction unless you're on 3 acres or more. All old systems are grandfathered.

If you really want it I would likely use it as a negotiating tool, especially if you feel the property would be desirable to a third party as a building lot.

My understanding of disclosure laws is that he needs to disclose it now that he has been made aware of the issue.

He could sell the land 'as-is' and that might let him get around it. I'm not sure and it might be different in your state.

I agree with using it as leverage. Shouldn't bother you as you said it's a buffer and not to build on. They make alternatives so I would think you could negotiate off the price difference between a standard septic and an 'alternative'.

A seller is generally obligated to disclose conditions known to him affecting the use, desirability, etc. of the property. So is a broker.

If you are buying it just as a buffer why would it matter if it had to have a more expensive septic system? If you had a contingency clause for the perc test in your original offer, suggest a discount, if not pay him and be done with it.

i can tell by your question you are hoping to buy it for a reduced price because of the failed test.

I have always subscribed to the buyer beware. If a buyers wants to know about it and ask's usually the buyer needs to disclose.

My advise in these situations is either buy it or mind your own business as it not your business at that point.

No disrepect meant. Just how I see it.

If you don't want a neighbor to build on the lot you'd probably better buy the lot.

$30,000 for 1.7 acres seems a little high unless it been approved as a building lot. But picture dirtbag neighbors right there and it may be more appealing.

A local realtor can answer your questions. I think you probably have a good bargaining chip but if you are planning on staying there and you were happy with the original price I wouldn't let it get away.

My family never bought the lot next door because when we looked into it, we were told it was too small to build on.

Then magically one day, it wasn't.

I guess the right people got paid.

You are buying it as a buffer. Who cares?
Try to get a touch of a discount if not 30k for no direct neighbors. You should be able to Have the lots combined and if you ever sell it you have a house on 3.7 acres to sell and that septic issue won’t matter.

I was ready to shell out 60k for a 1/2 acre for no direct neighbors in a subdivision.
You’re in the mountains of NC where I wish I lived there and just may someday. I’d own that in a heartbeat regardless of the septic issue.

Sounds like a great place to build a nice garage/shop/out building.

This message has been edited. Last edited by: Black92LX,

I know of a house that got built on a bad lot. Sewage was either sitting at the surface or running onto neighboring property. It was like that for many years with a few attempts to fix.

1.7 acres? How many places was the perc test done? I've seen a 1 acre lot that had the test fail in 3 corners and the 4th corner was fine (just the way the clay/sand veins ran).

Good luck with your new neighbors. Hope you are up hill from them.

quote:

Originally posted by Stlhead:
If you are buying it just as a buffer why would it matter if it had to have a more expensive septic system? If you had a contingency clause for the perc test in your original offer, suggest a discount, if not pay him and be done with it.

The land isn’t as valuable if it requires an alternate septic system is the way I see it. That said, if you’ve got the money and really don’t want someone that close then get to negotiating.

Around here an aerobic system would add about $2000 to the cost on new construction. I don't see that bothering many potential buyers. IMHO.

Tommy

My advice is to buy it, get your buffer, you'll be glad you did. Keep it as a separate lot and you can always list it if you need to.

If it were me I'd get back in there with an adjusted offer. I would hate myself for missing the opportunity to lock in privacy. That's an intangible value IMO that you can't put a price on.

Also I'd hate myself not only during the construction period with my peace and quiet disturbed all day every day for months but to forever have my killer view on that magnificent parcel ruined with a house in the middle of it.

It's a small price to pay over the course of years. Once you let it get away, it may as well be gone forever.

I would push for a discount and buy the land considering it's directly in front of your house. Do that, and never have to worry about neighbors. Plus, you can use the land for a garage, shooting range, etc.

We no longer bought our home and 10 acres adjoining our land came up for sale. If it sold we would most assuredly had neighbors and my pistol range would have been shut down.

Despite the fact we could ill afford it we bought it anyway. NOW , 25+ years later. The amount we paid is laughable. And we are one of the only original homes here with out one or two neighbors adjoining our property.

I recall the day we agreed to buy as one of the few truly smart moves I made in my life.

Imagine hillbillies moving a trailer next to you...With dirtbikes, stray dogs, abandoned cars etc.

BUY it.