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Old 10-01-2015, 08:52 PM
 
19,033 posts, read 27,599,679 times
Reputation: 20273

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Here's the situation.
We found a 5 acre property with 2 buildings on it that suites our needs. Price is fine. Actually a bit below the market.
Main building has septic. ASbuilt says property has 2 x 1500 gall tanks installed.
MILQ has additional 3 car garage and about 700 sf 2nd floor with 2 bedrooms and living room. Also has shower and kitchen. GT of about 1900 sf.
Well, we found that kitchen in MILQ can not be there due to some septic requirements. Not sure how it works, current owner is running a daycare out of the 1st floor garage area in MIL building, so they sure use sewer.
But by permits, that kitchen there is not legit. Kitchen ONLY for some reason.
Seller agent contacted our agent with all the explanation and "encouraged to make an offer so that we all can negotiate a win win solution".

I am a little bit stumbled here. Seller says that kitchen will become legit if the 2nd septic will be installed.

My guess is for them, win win is they drop the price by septic install cost, which I figure will be around $15 000 or so. Then We actually pay cash to have it installed as they "saved us money". I am just guessing.

My win win is to make an offer that makes sale contingent on THEM installing 2nd septic.

Suggestions?
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Old 10-01-2015, 09:06 PM
 
Location: Riverside Ca
22,146 posts, read 33,537,436 times
Reputation: 35437
If everything works price is right and house us what you want and plan on staying a long time I would have them drop the price by the projected cost amount of the new septic system installed.

Once you got it I would find a septic company and find out what it would take to tie in to existing system if possible. It may be a bring to code issue. I've seen properties with two houses and one septic system
I can't see why two 1500 gallon tanks cannot be adequate for your situation.
Have them give you some time to get a concrete answer on the why what on the septic. It may not be a deal killer.

You can always do the job if you need a additional septic in stages to spread out the cost.
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Old 10-02-2015, 06:08 AM
 
Location: Florida
7,246 posts, read 7,076,730 times
Reputation: 17828
Find out how it works. Perhaps the city will not allow a second system. Go to the local planning office and ask. Only when informed will you know what to do. Don't rely on the seller or the agent to tell you the facts.
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Old 10-02-2015, 06:37 AM
 
Location: Brentwood, Tennessee
49,927 posts, read 59,944,601 times
Reputation: 98359
Quote:
Originally Posted by kab0906 View Post
Find out how it works. Perhaps the city will not allow a second system. Go to the local planning office and ask. Only when informed will you know what to do. Don't rely on the seller or the agent to tell you the facts.
DEFINITELY go to the city and ask what's up. This house currently is in violation of the local code, and obviously "Win-win" to the sellers means "we want to 'negotiate' so you can take on all the problems we have caused."
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Old 10-02-2015, 07:10 AM
 
Location: MID ATLANTIC
8,674 posts, read 22,919,247 times
Reputation: 10517
Planning to use as residential? Are you paying cash? Numerous red flags and I am a portfolio lender that can lend outside Fannie guidelines.

Hopefully, you are going commercial. While the financing is no where nearly as attractive (requires more down and higher rates), commercial is better prepared to handle nonconforming properties.
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Old 10-02-2015, 11:35 AM
 
19,033 posts, read 27,599,679 times
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Well, the property is conformed alright. Both dwellings are on parcel list and taxed, and if it's taxed - it's LEGIT.
No, we buying residential.
I finally looked at As-built myself. It's one septic tank with 2 tanks, 1500 gal each. Septic is right next to the ADU/MILQ but ADU apparently is NOT connected to septic. At least, on plans. Also, it clearly said "kitchen to be allowed only during the main unit build out, then to be removed". So no, now I get it why it needs to have 2nd septic for that kitchen.
So will this be a permit office question or a septic people question?
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Old 10-02-2015, 12:18 PM
 
5,046 posts, read 9,622,618 times
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I was just going to post what you found out. Looks like it was miscommunication along the line about the issue.

Areas I'm familiar with, the main and the ADU can be on the one meter. Or can be separate as they choose.

About the second septic for the kitchen. I wonder if that's accurate as well...although the same result. You still need adjustments.

Taxed....as what? A home? But can a home not have a kitchen?

I wonder if the rooms beside or above the 3 car garage may be legally storage or large attic space that was converted with a permit. It would then be fine to have the 2 "bedrooms" and "living" room which one could argue are just walled storage areas. But NOT the kitchen. That's a whole other department of approvals.

Question. What is the bathroom in the ADU using now? Is it not connected to the septic?

Right next to. Areas I'm familiar with there is a requirement for how far the septic tank has to be from the property, even the detached ADU. Perhaps that was an issue for the owners so they stopped that work.

To double check if there is sewer many areas have county/city gis maps online where you can easily tick on the key to show where the sewer line runs and zoom in to this property.
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Old 10-02-2015, 01:45 PM
 
19,033 posts, read 27,599,679 times
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Thank you. everyone's input is appreciated.
The now ADU was used as temporary dwelling whilst the main building was built and kitchen was allowed as interim measure, to be removed when build out is accomplished. I think it quite qualifies ADU as living qrts. ADU is connected, I was wrong. There is line to septic. Why in the world it can be connected to septic but kitchen is not allowed, beats me.
The entire property septic system AS built states disposer is not allowed.
One pic is worth thousand words, I know


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Old 10-02-2015, 03:34 PM
 
19,033 posts, read 27,599,679 times
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Huh. My realtor pitched in and said to make an offer ONLY contingent on seller bringing everything up to code.
Case solved. Thanks all for pitching in.
I actually didn't expect this from her. That's good.
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