Attorney, D/FW area


#1

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?


#2

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.


#3

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.