Looking for advice for how to handle this negotiation and what we need to find out before countering, or whether to just walk.
We're looking at a home in northern New England with septic system from ~1970, original to the house. We offered all-cash at the asking price with only the standard general home and septic inspection contingencies. We've been working on the house search for months and have lost out on several others, so it would be nice if this worked out (but want to be realistic about risks).
This property overall has been well-maintained but the septic is the one big risk area. The seller claims it still functions well besides having outlet baffles installed for the first time last year. It's unknown whether it's a leach field or dry well, and where exactly it lies. It's very likely that the leach field/dry well is underneath a gravel driveway that is a legally eased right-of-way for the neighbor to access their house. The rest of the property is pretty steep slopes but it sounds like some uphill area could be an alternative leach field area, but would require a pump from the tank uphill.
As additional context, the home has been rented and the last tenants moved out in the spring, and the tank was pumped at that time, so presumably it is pretty much empty now, which may not yield the most useful information from an inspection.
The seller countered our offer saying he likes all of it except wants us to waive the septic inspection and offered us $10K to waive. He specifically said he doesn't want something to come up on the inspection that would make us walk, and then he'd have to disclose it when he re-lists. He said if that was the case, he'd rather just address the septic work himself and re-list in the spring. I think $10K is definitely insufficient for the amount of risk, especially when it seems the system will definitely need to be replaced sooner rather than later, would cost much more than $10K (I've gotten one quote so far with a rough estimate of $45K), and could run into complications with the right-of-way legally.
I'm working on getting more quotes from septic designers/installers, and talking with our lawyer about the right-of-way factor.
What are your thoughts? How much is reasonable to ask as a seller credit to waive inspection, if we decided we were comfortable with that? Very much inclined to not waive inspection though. We have also considered proposing an escrow account that we could draw from for X months after move-in once we're able to stress-test the system and see how it truly functions. Thoughts?
Seller wants us to waive septic inspection; advice?
byu/FootyTwoShoes16 inRealEstate
Posted by FootyTwoShoes16
13 Comments
I wouldn’t help anyone be a sketch ball, particularly if it could also bite you in the ass should your offer be successful.
What state are you located in?
Massachusetts requires a Title 5 inspection for all septic systems, and Rhode Island has similar requirements. Based on experience, if the tank and leach field are original, they are very likely to fail and $10,000 isnt going to cover the cost and thats assuming the property can even support a modern system
It could cost you a lot more than 10k if there are septic issues. As a real estate agent, I never recommend waiving any inspection unless it’s required by the competitive market.
Edit: Seller asking you to waive a specific inspection type is a massive red flag.
Nope. If he wants you to waive the inspection he probably suspects something is wrong.
If I were to waive the inspection on something I would want the credit to cover worst case scenario.
Trust your gut and don’t waive or ask for a reduction equal to the highest estimated cost of a full replacement. We recently walked on a home that failed inspection. They offered us 12k off. Then someone else put in and also walked. A 70s system needs replaced. Scarier that they don’t even know where it is.
I am an agent and would advise my client not to waive a septic inspection. You need to use your due diligence period to learn the condition of all systems on the property. If a problem arises, don’t let the seller do the work unless you specify the exact scope of work and which company you want to do the installation. You mentioned that there may be a right-of-way issue with the septic system. To paint a worst-case scenario, the system is failing, and there is no repair area on the property. At the point the system fails, the property could be deemed uninhabitable by the local government environmental health authority. I am sure you do not want that.
A septic system that old most certainly needs complete replacement. It might be able to be refurbished to get a few more years out of it but that’s not a great solution. The $10k credit isn’t enough but if you did have a brand new system the house is worth more than having one from the 1970s. Check your comps typical age and go from there. You can probably get a little more than $10k with some negotiation but it’s still going to be a significant cost and project you will have to deal with if you stay with this house. Unfortunately the seller isn’t in a hurry and would rather try to pinch penny’s on an uncertain cheap fix. If there’s homes with newer septic systems available within $50k they may be a better choice.
The tank needs to be empty to inspect it for cracks or root intrusion.
There are two parts to a septic inspection. The tank is emptied and camera inspected. The leach field also needs to be inspected and a percolation test done to see if it’s functioning properly. I don’t know anything about a dry well system.
I would not waive a septic inspection just due to the cost involved but you also need to understand what the laws are in your municipality are in case you do have to replace the current system. It may be functionally impossible depending on the laws or just make it way more expensive.
There’s no way I’d let a client buy a home with septic and not have it inspected, let alone a 50+ year old system. It’s not your problem if they have to disclose found issues in the future and $10k is nowhere near enough to replace it.
There is of course an issue with the septic. It is 55 yrs old! Even if it were functioning perfectly right now, how much longer can a 55 yr old system last? And they did something to it a year ago, so why do you think that they would have done that? Of course they were having issues. Not only that, apparently at least part of the septic lies under the driveway – and it is a shared driveway, with the neighbor having a right of way issue.
If you want to make a no-inspection offer, sure, but I’d allow 50K for replacement of the septic, and worse, how is the neighbor going to get in during the replacement?
Counter at 40k off.
>We have also considered proposing an escrow account that we could draw from for X months after move-in once we’re able to stress-test the system and see how it truly functions.
Don’t do this. I always advice against leaving anything pending after closing (a lease back perhaps the only one I could accept).
Find out the worst case scenario cost and consider that for your negotiation. If the house is still a good deal, even considering a 40k repair, then why not go ahead.
It is an unreasonable request and a foolish one, IMO. Seems like a difficult seller. I’d walk unless they let me do the inspection.
lol no way in hell