ISSUE:

The contract is for the sale of a forty-acre parcel of land. The only improvement on the forty-acre parcel of land is a mobile home with a septic system. After closing the buyer intends to abandon the septic system and develop the entire forty-acre parcel of land. Is the seller required to complete a septic system inspection even if the septic system will be abandoned after closing?

ANSWER:

Yes. A.A.C. R18-9-A316(A) provides that any person transferring ownership of a property served by an on site wastewater treatment facility shall retain a qualified inspector to inspect the facility within six months prior to transferring ownership of the property. There is no exception for a septic system that a buyer intends to abandon after closing. Therefore, the seller is required to conduct the septic system inspection within six months prior to transferring the property. The buyer is then required within fifteen calendar days after closing to complete and file a Notice of Transfer form. A.A.C. R18-9-A316(E).