All About Septic Systems – Part 5 of 6

The Difference between a Buyer’s Septic Inspection and a Seller’s Septic Inspection

The last few posts have talked in detail about you, as a prospective home buyer, inspecting the septic system of the home you have a contract on.  You may be confused because you recall that the Seller agreed, in the contract, to do and pay for a septic inspection.  So let’s clarify that point –

The most commonly used real estate purchase contract in central Virginia is the Virginia Association of Realtors contract, form VAR-600. Page 5 of the contract, Section 15(b) requires that sellers who have private septic systems get a certificate within 30 days of closing stating that their system shows, ‘no evidence of malfunction or of needed maintenance…’.

Practically speaking, this means that the seller is providing minimal assurances: the process involves only a quick, non-invasive visual examination of the septic field – what we commonly refer to as a ‘stomp and sniff test’.

A company, hired by the seller, goes to the area where they think the system is located and walks around looking for two things: seepage through the ground, and odors. Keep in mind that many sellers have no idea where a septic system is actually located on their property, and companies providing this service do not go to the state health department and pull historical permits (if any are available) that show the type of system installed as well as the location.

If seepage or odors are evident, this is a clear sign of a system that is failed. Discovering this within 30 days of closing generally means a significant delay in closing since the system needs to be excavated and explored to discover what has gone wrong. This also often means getting permits for work from the state, which can create additional delays.

Importantly, a system that has been failing for month, or even years, might not show any signs of failure during the non-invasive stomp and sniff test. Once your close on the property, these issues become your problem, and these costs become your costs, not the seller’s. The bar is set very, very low for sellers to show that their system are working. It would be akin to looking at a vehicle, and assuming that because it has an engine, it must be running well!

The seller-required inspection is not a thorough, effective inspection, fully protective of the home buyer and is no substitute for a home buyer’s septic inspection. It is at a buyer’s peril that they accept the seller’s certificate as evidence of a healthy, maintained and properly installed system.

Read all the posts in this series –
1. What is a Septic System?
2. Getting a Septic System Inspected
3. Common Septic Issues and Problems
4. What Happens if a Problem is Found at the Septic Inspection?
5. The Difference between a Buyer’s Septic Inspection and a Seller’s Septic Inspection
6. Maintaining a Septic System

You can also download the EPA Homeowner’s Guide to Septic Systems for more general information, including helpful illustrations of septic systems.