Home Seller's Guide to Septic Systems and septic system testing:

Here we offer some advice for home owners who are selling a property with a septic system, including useful information that you can prepare and provide to a home buyer, septic system testing, and making septic system safety repairs before even listing a property for sale.

We discuss: How to prepare for the septic system inspection. How to assure that the septic system is properly conducted. What information to provide to a home buyer when the property has a septic tank and drainfield

No one wants to see a condition like the failing septic system shown just above, but isn't it just the rotten luck that sometimes problems like this show up right when you're trying to sell a home?.

Advice When Selling a Home With A Septic System

Question from a reader who is selling a home with a septic system: My brother and I are helping sell my parents house in Massachusetts, and we were told we had to have this inspection done.

We don't know what kinds of questions to ask when interviewing potential inspectors - can you give us some insight into how to best research this? We want the best possible chance of having a positive, no issues inspection, so again we would appreciate your advice.

Tips for Sellers of Homes With Septic Systems

Avoid a Conflict of Interest about Reporting Septic System Condition

To avoid a conflict of interest all parties to a real estate sale should prefer to see a Title5-type septic inspection and any other condition of property inspection ordered by the buyer not by the seller. Otherwise, later if a problem is found by the new owner, the seller could be charged with providing self serving, inaccurate information.

Use a Qualified Septic System Inspector

All Title 5 inspectors working in MA are licensed and must be trained. Septic system inspectors in other states and provinces may also be required to be licensed or registered, though many excellent septic system inspections are also offered by some home inspectors as well as some septic contractors

. Do not hire an inspector for septic or other inspections if s/he has a conflict of interest such as one who also offers repair services for the property to be inspected, nor an inspector who has a relationship with the home buyer, seller, or real estate agent.

Ask about the septic system inspector's experience. Ask to see an example septic inspection report and compare its contents with the requirements specified by law in Title5 and with the septic inspection reports described at this website.

Prepare and Provide Basic Homeowner Information About the Septic System

Provide the most accurate information possible about the septic system age, location of components, type of components, service and repair history you can. You may not know all of these things but the more you know an provide the more accurate will be the septic report and the less pure speculation will be involved.

Speculation by a septic system inspector, in the absence of actual information, can lead to worst-case guesses or warnings to a buyer, issued not so much to protect the buyer as to protect the septic inspector - to reduce risk of a buyer's later complaint about the inspector's diligence.

But such a septic system condition report, in which the inspector spends your money to reduce his/her risk, can result in premature, inappropriate, or excessive septic system repair repair costs.

What if the Septic System Needs Repairs Right When We're Selling Our Home?

If you already know of a septic system failure or unsafe condition or of a problem that is easily corrected, such as a flimsy septic tank cover or surface runoff invading the drainfield fix these right away - we don't want a prospective buyer falling into the septic tank, and drying out a wet leach field caused by invading ground water will improve its function.

If there is already evidence of a septic system problem, such as odors, wet areas, or sewage backups, obtain several repair estimates, including a reliable diagnosis of just what the problem is. Repair costs range from trivial (unclogging a pipe) to significant (replacing a septic system).

Do not try to "hide" a problem by pumping the septic tank. Such a step is very short-term (hours or a day or so), and may constitute a fraudulent or illegal act. Of course if you have to pump a failed septic system tank so as to have emergency ability to flush toilets, go ahead, but inform the parties concerned of this condition.

If the septic inspection indicate a costly problem, get further, accurate diagnosis and repair cost estimates from one or more septic repair companies - more than one approach and cost may be feasible.

Repair work bids should be from a septic repair company having no relationship with the septic inspector.

Since high costs and even life-safety issues could be involved in some septic system problems, responsible accurate septic reports, not just a septic report whose results make us happy, are of paramount concern.

Since some lenders will not write a mortgage on a property unless the septic system is working, you may have to go ahead and perform the necessary repair work

. Generally, unless immediate functional or safety repairs are needed, we prefer to obtain estimates and then to negotiate with the buyer on that amount, perhaps offering the repair cost as an allowance against the purchase price of the property.

Why? Because the new owner - buyer will be more confident that the repairs were done properly if s/he is in control of that work, and the seller will be free of any future liability concerning the septic system.

What if the Septic System Inspection and Report are Faulty?

If the septic system inspection yields a result that seems unclear, inaccurate, or just plain wrong, or if its confusing, ask for clarification from the inspector, and also pass that information and question along to me by email- I may have a suggestion

Key Questions When Selling a Home with a Septic Tank

Question: Our first septic system test failed, the second one that was less thorough passed. The buyers want a whole new septic system. What should we do?

I am curious what you would say about my current situation. I'm in the middle of an inspection w/ buyers. The first septic inspection failed a flow test. We have had no issues [with our septic system] in the 13 years we've been in the house. The system is old [built probably in ] 1965. We've found no map of the field and no one has found the field.

We had a second opinion inspection without a flow test [septic loading test]. The septic system passed [this second procedure]. Tank was emptied and inspected. He said he found no high water marks. No damage found to tank.

Buyers wanted another opinion so our agents hired a company- this company failed the system. Used a camera in the out pipe which was holding water and followed it down to a place on the lawn just staring to green up and found the soil there saturated.

They said the system was about to fail, but couldn't located any leaching system. No break out or odor. They also claim to have found a hairline crack in the septic tank. Now the buyers want us to replace the whole system, septic tank included and to use the company that last inspected! What do you think? I think it stinks, but my lawn doesn't.

p.s. The buyers are planning on renovating and adding a bathroom w/ a hot tub style bath

Mike in Connecticut

Reply: Avoid a future dispute, find out what repairs are really needed, fix or escrow

A septic loading and dye test cannot find all possible septic problems but it can find enough to be worth doing, and if the septic loading and dye test was properly performed, it can protect both buyer and seller from a later dispute.

The legal question of what you should do in the case of a failed septic system is one to take to your lawyer.

That said, my OPINION is that these are some points to consider:

• Whenever an inspection finds an apparent need for repair at a property, it is risky to then order a second inspection that argues that the repair is not needed after all. True the first inspection could have been faulty. But in the case you describe, the second inspection was less thorough and less rigorous.
  
  Now if you ask a buyer to rely on your information and not theirs, you are inviting a future dispute.
• But a failed septic test is not a complete system diagnosis.
  
  Without further investigation we don't know if the failure is a rather minor repair (fix a clogged pipe or level a tipped septic distribution box), or a major repair (the drainfield is saturated and needs replacement).
• If your buyer is obtaining a mortgage it is often the case that the bank won't make the loan if the septic system is not working, so the property could be tough to sell in "broken" condition.
• If you are unable to obtain a reliable investigation that determines what repair is actually needed before the sale closing date, one option is to escrow an agreed upon amount that is the maximum you and your attorney agree you are willing to pay for septic repairs.
  
  The closing of sale may be able to proceed, repairs can be made and paid for out of the escrow fund, limiting your exposure to that total. In my experience it would be uncommon for a seller to have to pay for septic system improvements or expansion such as may be required if the buyers are adding a bathroom. So it's important to focus on the scope of and limits on your portion of the responsibility.
• Finally, if an inspection discloses unsafe conditions at a property they should be repaired immediately, and until repair is possible, the dangerous area or component needs to be secured - keep people away.

- DJF - editor.

Question: home buyer troubled by improper septic test at time of purchase & later septic system failure

(Mar 30, 2014) Tim said:
We purchased our 3 bed, 2.5 bath home from a single man in mid-winter. The seller had the septic tank emptied and tested during the previous summer and it passed. After we moved in (mid winter)I immediately started smelling a septic smell but assumed it was a neighbors tank.

We had no problems the following summer and then again I smelled the effluent the next winter because we had a very wet winter. I discovered the cleanout cap was off and effluent was backing up and spilling over. I was immediately suspicious that the previous owner had problems and had played dumb.

I dug up the tank caps the next summer and a trustworthy private septic inspector said all looked well. I picked up a leach field map from our town hall and realized the love before us had planted a tulip tree on one of the leech lines. I cut down the tree and have diverted grey water from the house.

There's also a large deodara cedar planted about 10' from the same leech line. I'm going to eventually dig up the D box and see if the roots have grown down the leech line and into the D box.

In the winter, especially when it rains, wastewater from the house flows into the tank and immediately out of the tank caps.

I think the previous owner knew about this and I'm suspicious that the owner's realtor may have known. We can't afford repairs and the town we live in is known for city inspectors failing systems

. I wish I had figured out the problem more quickly because I think I could have pursued legal actions against the previous owner and maybe the realtor.

Who would I contact to anonymously ask for an investigation of the Real Estate company that we bought our house from?

Contacting our town would backfire and we'd have to spend big money on repairs. Should I contact the county, the state? I need to do it anonymously. Thank you for any help! Tim.

Reply:

Tim,

Sorry to read about the unfortunately not-unusual septic system failure aggravation.

The presence of cleanouts does not itself assure that a seller knew about the problems you describe, but other site clues could indeed show whether there had been a history of backups and failures as might septic pumping company or excavator recorsds.

I'm doubtful that you will ever get to first base on going after the seller or the realtor unless you can come up with an actual document existing from the time of sale or just before the sale proving that either party knew of and failed to disclose a substantive defect.

Real estate law protects realtors from having to disclose defects that the agent can simply indicate was not disclosed to them by the seller.

Caveat emptor applies in-spades to real estate purchases. The question remains whether or not you had an adequate septic inspection and test prior to buying the home.

Question: when buying or selling a home, who should pay for septic system inspections & tests?

(Nov 16, 2014) Anonymous said:

Who pays for pumping or inspection?

2 Feb 2015 Krystal said

The seller is trying to make us (the buyers) pay for a septic test. Why would he want to do that?

Reply:

Anon:

The person ordering the inspection or test. In the purchase of a home normally that would be the property owner as a buyer may have no right to order work on a property that she does not own.

Krystal:

Well he's pretty smart your seller, or he/she got proper advice from a realtor or attorney.

• First: s/he doesn't want to pay for something that's up to you to find out - unfortunately in real estate the burden of checking out a property is normally on the buyer. Sometimes a seller may agree to cover some costs as a marketing incentive but in my OPIINION the costs of such tests is so trivial compared with the risks and house costs involved as to be irrelevant.
• Second: the seller may understand that if he performs ANY test and then gives you the result he or she is accepting risk and liability for defects that you may discover later and that you may argue should have been found by the test. The seller is not a disinterested party to the transaction.
• Properly you should pay for tests so that you are in control of the hiring of the test consultant, so that you can be confident that there are no conflicts of interest involved, and so that you are legally entitled to receive the test result as well as to follow up with the test consultant should questions arise.
• You might want to read HOME BUYERS GUIDE to SEPTIC SYSTEMS to understand how you should proceed.

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Reader Q&A - also see RECOMMENDED ARTICLES & FAQs

On 2020-11-14 - by (mod) -

Exactly what was the evidence of failure, what inspection, what specifics?

On 2020-11-13 by Gina

I had my septic pumped and inspected a year ago because I was putting my home on the market. I've always maintained it and pumped it more often than the recommended five years and the company said it was in great shape last year.

There is only one person living here. My house is in escrow and the buyer's inspector failed the system and said it's overloaded and needs a new leach field.

I called my regular guys and they said there is no way. The new guy says he can "hydo" it and maybe save the trouble of digging everything up. What is the implication of this? I would never have chosen an inspector that stands to benefit if work is needed but ti was not my choice. Does this seem suspicious? If so, how does one convince a buyer? I'll back out of the deal before I let myself be worked over for unnecessary repairs. Thank you.

On 2020-07-01 - by (mod) -

Melissa

I want to help but am stymied as I have no idea what is installed at your property, how wastewater or effluent is actually being disposed-of, nor why an inspector would claim that a full graywater tank indicates a failure. A septic tank - if we're really talking tank here not a seepage pit or drywell - is a water-tight container that is normally full up to its outlet pipe.

On 2020-07-01 by Melissa

We're selling our house in FL. The buyers requested a septic inspection. We have 2 separate tanks, from my understanding. The black water tank passed inspection no problem. The grey water tank was full (they stuck a stick in and pulled it out). There is no lid to the tank, rather a seam he pried open. With that result he said the drain field is failing and needs to be replaced. Should I get a second opinion? Is there any way the drain field could just be clogged? We have no standing water on the yard. No backup in the house. No odors anywhere. Thanks for any feedback you can provide.

On 2020-02-29 - by (mod) -

pumping the septic tank is not required by law in the course of selling a home.

I don't know what the inspector was thinking nor do I know basis for his claim. In fact pump in the tank unnecessarily prevents and inspection of the condition of the drain field. I think the person may have been speaking without Authority and perhaps without being completely informed.

I might on the other hand call for a septic tank to be pumped, cleaned, and inspected if I have evidence that the tank itself was damaged or leaking.

So perhaps you should ask the inspector for some justification or explanation. Let me know what you're told.

On 2020-02-29 by Sarah

I had an inspector check my moms home which is being sold. He said that I need to empty the septic tank. It has been less than 2 years since it had been done.

Only 1 person lived in the home. My sisters and myself would visit. Is there a law stating that the seller has to pay for it to be emptied? There is nothing in the contract that says we have to or do not have to. There is no evidence that it needs to be no back ups, no soggy field, no clogging.

On 2019-11-10 - by (mod) -

If water flows backwards into the septic tank from the tank Outlet then either that pipe is blocked or the drain field has failed

On 2019-11-10 by Mb

Yes we have arranged for a septic person to come take a look. He did say concrete cinder block construction but will verify that soon. But what about him putting the hose into the drain pipe does that reveal an issue when water came back out in less than a minute?

On 2019-11-10 - by (mod) -

Surely you need an accurate inspection of the septic system including the tank. If a tank is made of concrete blocks it's a homemade system with no predictable life.

So let's get that information accurately stated by an independent inspection. It is possible to inspect inside the tank and depending on its level and condition to see what materials it's made of. But that's just one of the important questions to be resolved.

On 2019-11-10 by Mb

We are selling our home. We have never had a problem with our septic. We have a family of 12-14 there a few times a year other than that it is only 2 or 3 of us and only for half the week. We never hear gurgling, have no wet near or around the septic tank. We had it inspected when we bought the property 14 months ago.

All that was needed then was a new lid. Their inspector said "the tank is homemade made from cinderblocks. Water leaks through the cracks." How would he know that? Is he just assuming it? And then he says "I did a water load test on drain field, rain water for less than a minute and it back up into tank" If that were the case wouldn't we have had issues by now?

We have had as many as 15 people sleeping there and showering, washing dishes etc. We have a guy coming out that inspected it last year but was wanting another opinion.

On 2019-08-10 by (mod) - evidence of a failed septic system or no septic drainfield: green dye breakout during test

John

At the very least there is an improper connection or leak of septic into the storm drain system. Whenever I've found this problem, in 100% of the cases we found either a failed drainfield OR an illegal connection to storm sewer and no drainfield (or no working one).

Without an accurate diagnosis of the problem and a complete repair, any other steps to "Make the system pass the dye test" is in my OPINION to ask for a lawsuit later under a charge of fraud.

From your description it's likely that there's no working drainfield.

The plumber's statement that you quote is in my opinion incoherent and not useful.
I am just guessing but it sounds like a bit of doubletalk that the plumber thought would keep whoever recommended him from getting angry about the test result.

A generous read of the plumbers remarks (you need to ask him or her directly what the hell he meant) could be

1. plumber confirmed that toilet (or wherever he introduced the dye) did indeed flow into the septic tank - ok that's a first step

2. the septic tank drains out of the tank to the storm catch basin - which would be illegal in just about any place in the world. (You don't give your country and city).

A connection of septic to storm sewer is what someone might do if their septic system was failed and they wanted to avoid the proper repair - OR it can occur not as an actual "piped" direct connection but rather (as I've often found) simply that effluent from a failed drainfield is finding its own way to the storm drain.

1. Have the septic tank itself inspected for sewage levels, condition of baffles, evidence of damage, and foremost: that its cover is safe and you're not going to have some fool fall into the septic tank and die.

2. Hire a real plumber, with a sewer camera, to trace and inspect the line leaving the septic tank (and any other lines you can find to confirm their condition)

3. From that inspection, find the D_box and from the D-box find the drainfield - if there is one - and inspect its saturation (I'd assume any 45 year old field is probably failed)

You may need to have the drainfield replaced. And if the tank is shot, that, too.

it's an annoying delay and expense but unlike some building snafus that are best left to the buyer (buyer will thus be confident that the work is done without shortcuts and also can hold the contractor accoutable) - unlike all that - if there's no working septic system a buyer may not be able to get financing.

The expense may be significant but normally it's not a big % of the value of the property.

Keep me posted.

On 2019-08-10 by John

Hi, I've had an offer accepted on a house with a septic system. It failed the dye test. The dye turned up in a storm water basin. The dye showed up quickly; within 10 gallons. I'm not getting answers from anyone (plumbers, agents, owners). Does this mean there is no leach field? My agent's opinion is that there is no leach field. The home is 45 years old and has been in the same family the entire time. My bottom line question is - How do we remedy this problem and make the system pass the dye test, and, what is the issue/why is it failing? The plumbers results stated "dye test of septic tank line from house to tank PASSED. Test of exit line from tank to storm catch basin FAILED." Any information and opinions would be appreciated. Thank you so much.

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Continue reading  at HOME BUYERS GUIDE to SEPTIC SYSTEMS, - what advice do we give to buyers of a home with a private septic system?or select a topic from closely-related articles below, or select a topic from the closely-related articles below, or see the complete ARTICLE INDEX.

Or see HOME SELLERS GUIDE TO SEPTIC INSPECTION FAQS - questions & answers about selling a home with a septic system, posted originally on this page.

Or see these

Recommended Articles

• SEPTIC SYSTEM TEST BASICS - quick guide for buying a home with a septic tank
• HOME BUYERS GUIDE to SEPTIC SYSTEMS - complete guide to buying a home with a septic tank
• SEPTIC SYSTEM TROUBLE: WHAT GOES WRONG
  • SEPTIC TANK FAILURES
  • SEWER LINE CLOGS & DAMAGE
  • SEPTIC LEACH FIELD FAILURES
  • SEPTIC TROUBLE SIGNS, OTHER
  • ORANGEBURG PIPE
• HOME BUYER'S SEPTIC TEST
• PRE-PURCHASE SEPTIC DYE TEST
• SEPTIC TEST FINAL OVERVIEW
• SEPTIC DYE SOURCES, SAFETY, TOXICITY, STAINING, MSDS
• SEPTIC FAILURE LAWSUIT
• HOME SELLERS GUIDE TO SEPTIC INSPECT
• SEPTIC & CESSPOOL SAFETY
• SEPTIC COMPONENT LOCATIONS
• SEPTIC DRAINFIELD INSPECTION & TEST - home
• SEPTIC DRAINFIELD SIZE
• SEPTIC LIFE MAXIMIZING STEPS
• SEPTIC LOADING & DYE TEST PROCEDURE - home
• SEPTIC TANK PUMPOUT TIMING ERRORS
• SEPTIC TANK PUMPING SCHEDULE
• TEN STEPS to Keeping a Septic System Working

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HOME SELLERS GUIDE TO SEPTIC INSPECT at InspectApedia.com - online encyclopedia of building & environmental inspection, testing, diagnosis, repair, & problem prevention advice.

Or see this

INDEX to RELATED ARTICLES: ARTICLE INDEX to SEPTIC SYSTEMS

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