Legal Question in Real Estate Law in Massachusetts
sale of home ''as-is'' but with septic issue
My mother is selling her house in Massachusetts and has an offer ''as-is''. Both she and the buyer are aware that the septic has a leak or some problem. May need just repair, may need replacement.
Someone is telling my mother that despite this being known before the signed an as-is contract, that she is supposed to have a septic plan accepted by the town - or something?
It's my impression that as-is means just that. And since no one is surprised by this issue, how could anyone claim the seller needs to produce a septic plan?
Thanks for any info you can offer.
1 Answer from Attorneys
Re: sale of home ''as-is'' but with septic issue
You should check the statute and regulations. It is my recollection (although it has been awhile) that as long as the buyer and seller agree, and as long as the buyer assumes the responsibility for any repairs, a property can be sold which does not have a properly functioning septic system.
The regulation (Title V) used to say that the septic had to be inspected within two years prior or six months subsequent to a sale. Any buyer's attorney would want to have this issue resolved prior to execution of the "long form" purchase & sale agreement, even if that meant that the buyer was explicitly agreeing to repair the system.
Typically, the OTP and or P&S require a "Pass" on the septic inspection. "as is" might not be quite enough to get past this, although if there is an inspection contingency, and the Seller refuses to fix the septic, the Buyer will have an out and can cancel the deal.
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