If I can help you in any way with your home search, please let me know . . .

Thank you very much for your coments.

You appear to overlook the manadatory nature of repairs under Massachusetts law when a septic system/cesspool fails the Title 5 inspection. The property owner has two years from issuance of a failing inspection report to bring the system into compliance with the Title 5 regulations.

If you took ownership of a property in Massachusetts without a passing Title 5 report, you likely paid cash(?) A purchase money mortgage lender typically wants to see the passing Title 5 report before funding the loan.

In any event, when you bought your property, you assumed responsibility for proving compliance with the Title 5 regulations when you eventually sell the home. Your buyer will very likely want you to have your system inspected prior to the closing – again he’ll have to if he is borrowing money to buy the home – all purchase mortgage money lenders require a passing Title 5 report.

Please call or email me directly is you’d like to discuss this – I’d be happy to review all the ins and outs of this issue with you!

Warren

Also, what about alternate solutions? We bought a house that failed inspection, but it was not a law that we must replace the septic. We used that to get the price of the house lowered, and also the seller had that alternate treatment where they punch holes in the ground and shoot in some solution that eats the excess. I think it cost them under 3K. We have been in our house for 10 years now with no issues. There are only 2 of us, so our water use is light, but still that is an amazing savings.

If you are financing the purchase, your lender will want to see a passing Title 5 report.

If you download the Title % regs linked-to in the post, I think you’ll see that sellers (other than REO lenders) must obtain the inspection.

Whether a seller can negotiate that you must pay the cost of the inspection is another matter.

Please be very careful: do not buy a home with a troubled septic system. I will be happy to talk with you – please give me a call if you wish – 508-613-2889.

Thank you!

I’m looking at a Massachusetts home that is being sold through a regular auction, not a forclosure auction. A Title V inspection has not yet been done on the property.
Is an inspection required prior to sale when the property is being sold at non-foreclosure auction? (this is not a forced sale in any way, the owners simply decided to sell by auction)
Thanks.
George

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