We are looking at a park where the current owner installed a new aerobic septic system, it is permitted for 65 RV sites and he is using 71, he has also added 10 apartments that he did not have to have a permit for at the time they were built, but he added them to the septic system without permission from the TCEQ. I think we need to talk with an attorney to see if there is any way around this OR if we just need to eliminate some of the RV lots to bring it into compliance. The gentleman that owns it is elder and wants to sell but is concerned he may be facing a big fine if we go in doing due diligence and they discover that he’s not compliant.
Would you suggest a Municipal Attorney OR a Real Estate Attorney? Do you know one in the D/FW area?
I would suggest you stay out of this one, the Seller is rightly concerned and will sue you for interfering if he gets audited. There is a huge unknown liability on this one until the Seller has come to a deal with the City for permitting. You cannot buy an illegally operating park. This is straight outta the book.
Have you seen the TCEQ permit that specifies the number of homes allowed? They usually specify rated flow of the treatment system and sometimes population equivalent numbers. Every community is different in terms of gallons of sewage produced per population so most permits limit flow not population.
Thanks for your response, the Seller does not want us going to the TCEQ, the Broker says he wants to go to them to ask forgiveness/see if he is truly out of compliance first, he doesn’t want us to open that can of worms until he has had a chance to talk to an attorney and see i he can fix it. We are looking for an attorney in the DFW area also in the event the deal moves forward so we can CYA as well.