Neenah, WI asked in Land Use & Zoning and Real Estate Law for Wisconsin

Q: I recently purchased a plot of land. It was listed with electric / sewer and lateral into lot.

Our builder just verified with the village that there is no sewer available and we will need a septic, Can I sue the seller to cover the cost of a perk test and septic system?

1 Lawyer Answer
Thomas B. Burton
Thomas B. Burton
  • Real Estate Law Lawyer
  • Eau Claire, WI
  • Licensed in Wisconsin

A: Check the Vacant Land Disclosure Report provided to you by the Seller and see if they listed sewer and septic available in the Seller's Vacant Land Disclosure Report. It should be listed on page 5, under item F(6) of the new Vacant Land Disclosure Report that went into use last year. If they listed municipal sewer and water as available on that Vacant Land Disclosure Report, you may have a misrepresentation claim against the Seller. I would consult with a real estate litigation attorney in your area after reviewing that Vacant Land Disclosure Report and discuss with them your best options. Best of luck to you.

Brian R. Zimmerman agrees with this answer

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