Title 5 Septics on Cape Cod
In Massachusetts; when Selling a Property, the Seller is obligated by law to have their septic system inspected by a professional and their report signed off by the local Board of Health. This requirement may affect the purchase but not limit the buyer to buy the property.
With the changes in the Massachusetts Sanitary Code since 1995, a licensed septic system inspector must follow the Title 5 Code requirements and document the inspection using the standard State forms.
A copy of this completed form must be submitted to the local Board of Health office, the seller and to the buyer. Once it is submitted to the Local Board of Health, the form is signed off creating a Title V certificate.
It is advisable to schedule the inspection of the septic system early in the sales process so the Seller can make arrangements if the inspection results in a failure.
It is always more attractive to potential buyers when the system is repaired if needed and the lawn restored.
The showing would simply indicate the location of the installed system and that there would be no
delays due to the need to install a new septic or repair the current system.
If the Seller cannot afford a new septic or to repair the current system, some Septic contractors will work
with the sellers to install the replacement septic system when the sale documents are complete and
the “closing” has been scheduled. These contractors are typically listed on the “closing documents”
and are paid from the funds generated by the sale of the property.
Alternatively, the Bank or Mortgage company representing the Buyer may hold back funds at the
“closing” to pay for the installation of the septic system. The amount is typically 1.5 times the bid
estimate and any left over money is forwarded to the seller once the job is complete.