Massachusetts law requires that sellers disclose to a buyer in writing if the property being sold is serviced by a septic system. In addition, Title 5 of Massachusetts environmental code requires that the septic system be inspected within the two years leading up to the sale and provide both the buyer and the board of health with copies of the report (this is known as a Title V certificate). If adverse weather conditions hindered the inspection, it may be conducted within a maximum of six months following the sale.
Are There Any Exemptions?
Yes, as of the time of writing, the following exemptions exist:
- (a) taking a security interest in a property, including but not limited to issuance of a mortgage;
- (b) refinancing a mortgage or similar instrument, whether or not the identity of the lender remains the same;
- (c) a change in the form of ownership among the same owners, such as placing the facility within a family trust of which the owners are the beneficiaries, or changing the proportionate interests among a group of owners or beneficiaries;
- (d) adding or deleting a spouse as an owner or beneficiary; or a transfer between spouses during life, out right or in trust; or the death of a spouse;
- (e) the appointment of or a change in a guardian, conservator, or trustee.
Where Can I Learn More?
See the Massachusetts state website links below:
How Can I Get Any Other Massachusetts Disclosures?