SEPTIC SYSTEM CONTINGENCIES IN THE P&S

Finally, it is critical that appropriate language be included in the P&S which specifies the responsibilities of each party with regard to any septic system issues. The Massachusetts Department of Environmental Protection requires that septic system inspections be disclosed by the home Seller to the Buyer. The inspection must be within two years prior to the closing or up to six months after the closing if weather conditions do not permit (e.g. during winter when the ground is frozen) and the inspection must demonstrate that the system does not pose a threat to the public health or safety. If no such certification is provided, the Buyer may revoke the purchase contract.