Seller Bait and Switch - Need BP's Help !

[Jaryn Pierson]

Try and keep this as short as possible. First, a little background. Basically, we're under contract on a house that needs a septic system. House was on the market 'as is' for 60 days. Listing was updated to state 'perc test is completed and new septic being designed'. Once we found out seller was providing the design, we decided it would be a good time to try and get it under contract. From there, seller has dragged their feet through the entire inspection period and has yet to even pay the engineer to provide the design. In addition, they have had their real estate agent manipulate the MLS listing numerous time since being under contract, which we have record of. See below screenshots with dates attached. Question is, are we owed a septic design via the purchase and sale that was accepted a while back? ***To note, the property is in MA.

Nov 28 2023 -Saw the listing and liked the house. We spoke to real estate agent about it briefly and decided that we did not want to take on the responsibility of the designs given the uncertainty with the current septic/property.

Jan 21 2024 -Adjustment in the description that the new Septic system was already being designed. For this reason, decided to go see the house.

Jan 27 2024 - View the property and decide to make an offer (at asking price)
Jan 31 2024 -Offer gets accepted and we go under contract. In the days to come, we begin to do my own due diligence (call engineering company) and find out that the engineer has gotten no official word to start the design.
Feb 14 2014 -In the back and forth regarding the Title 5 inspection, we notice that (after being under contract) the listing agent has manipulated the content of the listing description from "the existing Tight Tank system is working, but won't pass the inspection..." to "the existing Tight Tank system has just recently been pumped"

Any help would be much appreciated.

[Chris Seveney]

@Jaryn Pierson

Since you are basically paying for it, you should ask if you can take it over to manage

Also, as Russell mentioned they are probably waiting for the appraisal to come back as if this system costs $50k, you still gonna buy the house as the price will go up by $50k and it may not appraise.

They way I would have written this contract is the buyer will perform a septic design and budget and if the seller were to cancel the sale then they will pay for the engineering design and receive design.

If you bailed then it’s on you and you could ask them to buy the design from you for future sellers or see if they would pay for it.

I am very skeptical this deal will go through way it is written.