A typical question for the area you are buying in. Septic system failures are a common negotiating ground on many purchase contracts. Depending on the seriousness of the nature of the septic system failure typically a provision is added to the contract that makes the seller responsible for fixing the problem. Even after you move in, the sytem can be fixed as long as the seller has put money into escrow with your lawyer. It happened to us three years ago and I supervised the fix the month after we moved in. If your 10 days is almost up and the seller has not returned an answer then you have the right to back out of the sale alltogether.

First of all, they need to understand if the system is actually “failed” by the State standard – meaning that it is breaking ground/discharging into public waters, backing up into the dwelling, leaking from the tank directly or leaking directly into the basement of the home. Or did it “Fail” by the inspection standard – meaning anything from the list above or something as simple as a broken baffle, a damaged d-box or a crushed pipe in the absorption area. Failure by the State standard, typically called a system malfunction, gives the Health Departments authority to force a repair of the system, legally if need be. Failure under inspection guidelines – typically call Unsatisfactory Condition – can require minor repairs to bring the system into its designed condition. With respect to selling the home, escrows are common for repairs in either case. There is no reason that a contract can’t be signed that delineates the responsibility for the repairs at any level. The bigger issue usually arises from the home owners insurance companies requiring a letter of satisfactory operation of the onsite system before they will provide coverage.

So, first they need to figure out if it’s a health issue failure or a simple repair to bring the system back into compliance. Then they need to verify the requirements from their home owners insurance for coverage.