When a potential buyer views a home they like and it has a Title 5 "Not Done", who is responsible for the Inspection, what happens w/o a?

Asked by katt, Massachusetts Fri Aug 17, 2012

pass cert?

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John Muscarella’s answer
John Muscare…, Agent, Plymouth, MA
Fri Aug 17, 2012
Under MA law when a home changes hands a Title V inspection must be performed by the Seller at seller's cost. If the septic system was inspected and passed within 2 years it is not necessary as the "pass" will still be valid. If the septic system was inspected and passed within 3 years and it has been pumped annually it will not need to be reinspected.

Under some circumstances the seller (a bank owned home, a short sale) can ask the buyer to assume responsibility for all septic inspections and repairs. This needs to be spelled out in the MLS or listing service/documents so the buyer is aware of this. Some times a seller will hold the inspection and upon failure will ask buyer to assume costs. Again this must be spelled out in MLS or listing service/documents.

If you are in the middle of a Real Estate transaction and find out your septic system has failed and it will not be able to be repaired or replaced before the closing, the bank giving the buyer the loan will require you to escrow 1.5 times the estimate to fix or replace the system. For example if the cost of replacing the septic system is $20,000 you are going to required to escrow $30,000. Please note that not every bank will allow a septic escrow. The buyer may end up having to wait until the installation is complete.

As you can see getting your Title V done and out of the way with no problems is a huge deal! If you are unfortunate enough to have to replace your septic system, there are a few programs to ease the pain. See the Loan and tax credit information below:

Homeowner Septic Loan Program

If your septic system has failed Title 5 inspection there is a loan program in place that can help you. Participating banks offer low interest rates to eligible homeowners through this Massachusetts Housing Program. For more information contact the Massachusetts Housing Finance Agency (MHFA), 617-723-0500 or go to their Web site:
MassHousing Web site Here is the PDF for the Homeowner Septic Loan Repair program.

Tax Credit

The Commonwealth of Massachusetts provides a tax credit of up to $6,000 over 4 years to defray the cost of septic repairs to a primary residence. Forms are available from the Department of Revenue (DOR) to allow homeowners to claim up to $6,000 in tax credits for septic upgrades. The credit cannot exceed $1,500 in any year and may be spread out over 4 years. The tax credit is limited to work done on a primary residence only. Tax Form Schedule SC is the correct form for the tax credits.
MassDOR Web site
1 vote
Rentalsinply…, , Massachusetts
Mon Oct 7, 2013
Sorry but Some Wrong answers here.....
It is not the Sellers Responsibility ....
The law states that an inspection must be performed and system must be certified within 6 months of closing.
Nowhere in the law does it say that it is up to the Seller. It does not say at all who will be responsible.
It can be a point of negotiation as to who will obtain certification.
As a practical matter, it is the Buyers banks that are insisting on certification prior to closing. Few Buyers are willing to pay for it, but I have had instances where Buyers have done the inspections and have payed to install a new system.
If you pay cash for a home, you can purchase without an inspection, but it is supposed to be done within 6 months of closing. However no one from the town will be checking to see that it was done .
0 votes
Kathy Schell…, Agent, Plymouth, MA
Thu Dec 27, 2012
Unless the listing indicates that a buyer is responsible for the Title V certificate, typically a seller bears this burden. A buyer's agent who assists you in writing an offer would include an addendum that stipulates the seller provide a passing Title V certificate by a specific date prior to close.
0 votes
Ginny Gilmar…, , Hanover, MA
Fri Sep 7, 2012
Typically it is the sellers responsibility to complete the title 5 exam. I have seen cases recently where the listing indicates this is the buyers responsibility; this could be due to several extenuating circumstances. It is best to find out why the test has not been completed and go from there. An experienced agent will guide you through the process. I hope that helps.
0 votes
Territory.c…, Agent, MA,
Tue Aug 21, 2012
Sellers responsibility. Make sure you add a Title 5 contingency to the offer contract.
Get yourself an exclusive buyer's agent to help guide you through the process.

Massachusetts Premier Buyer Brokerage
Web Reference:  http://territory.com
0 votes
Wendy Pomeroy, Agent, Plymouth, MA
Sat Aug 18, 2012
MA Title 5 is the sellers responsibility to certify prior to sale UNLESS terms of sale note otherwise.
So, it can be "assumed" seller will test and certify a home's spetic system and present a certification of same prior to close. Any buyer's agent preparing an offer should insert a clause stating home will have MA Title 5 certification for a __ bedroom home prior to close. Also most banks require this certification in place as a loan contingency.
That being said, you will still see homes marketed with "MA Title 5 responsibility of seller" in these cases, usually bank owned and short sales, the seller is not willing to commit funds for testing and/or potential expenses to bring system up to current MA Title 5 standards.
0 votes
Cherie Murra, Agent, Acton, MA
Sat Aug 18, 2012
John gave a very complete and accurate answer.
Some Sellers want to wait until they have a buyer before spending money on the test. If they test and ,it fails the seller has a certain time frame to repair. Because it is costly Sellers hope to tie a replacement into a pending sale where they know the outlay of cash will be replaced.
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