What Happens When A Septic System Fails Inspection
In New Mexico, a septic inspection is not optional. Every septic system has to be inspected before a property changes hands. So the big question I hear is simple: what happens if that inspection fails?
A Failed Inspection Does Not Kill the Deal
Most people assume a failed septic inspection ends the sale. It does not. The system just needs to be repaired. Under New Mexico's septic rules, the owner of record 180 days from the failed inspection is the one responsible for the repair.
Why Septic Systems Fail
Sometimes the fix is small. Sometimes the whole system gets replaced. The usual reasons for a failure are no existing permit, no risers, a leach field too close to water, or a leaking tank. Every one of these can be fixed.
Who Pays Is Negotiable
Who covers the cost of the repair is up for negotiation between buyer and seller. The important part is that both sides know about it and reach an agreement before closing. When it is handled that way, a failed septic inspection is not the end of the world. It is just one more thing to deal with on the way to the closing table.
Whether you are buying or selling, a failed septic test is manageable when you know what to expect.
Frequently Asked Questions
Do I really have to get the septic system inspected before I sell?
Yes. In New Mexico a septic inspection is required before a property changes hands. It is not optional, so plan on it as part of any sale.
Will a failed septic inspection cancel my sale?
No. A failed inspection does not automatically kill the deal. The system needs to be repaired, and the sale can move forward once both sides agree on how that gets handled.
Who is responsible for the repair if the septic system fails inspection?
The owner of record 180 days from the failed inspection is responsible for the repair. Who actually pays for it, though, is negotiable between the buyer and seller.
What makes a septic system fail an inspection?
The common culprits are no existing permit, no risers, a leach field too close to water, or a leaking tank. All of these are fixable.
Does the whole system have to be replaced if it fails inspection?
Not always. Sometimes it is a small repair and sometimes the entire system gets replaced. It depends on what the inspection turns up.
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Have questions or want to learn more? Give us a call at 575-613-4243. We're happy to help.
Rob Swan | Qualifying Broker | Swan Realty Inc.
