FACTS:                    

As part of the offer, the buyer asked the seller to provide a septic Report of Inspection providing that the septic tank was in working condition.  The seller countered by removing the septic tank certification requirements. When contacted, the listing agent advised the buyer’s agent that the seller would under no circumstances obtain a septic tank Report of Inspection before closing because the septic tank is located under built-in planters and is very difficult to access.

ISSUE:                      

May the seller refuse to provide a septic tank Report of Inspection?

ANSWER:                

See discussion.

DISCUSSION:         

A seller selling a home with a septic tank is required by statute to provide a certification by a qualified septic inspector at least six months prior to the close of escrow. See A.A.C. R18-9(A)316. In other words, the septic Report of Inspection requirement cannot be waived by contract.  It is required by law.  Thus, if the seller intends to sell the property to this buyer or anyone else, a septic Report of Inspection must be completed within six months prior to close of escrow.