Norwalk, CT asked in Real Estate Law for Massachusetts

Q: seller claims buyer is responsible for title 5. Seller has no records of inspection nor does the town. is this legal?

seller has no records of the original title 5 ever being completed on the property. Is it legal for the seller to sell the property without having any prior inspections done on the septic. I contacted the town records and they did not have any information on file. Is this an issue for Health and Safety?

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1 Lawyer Answer
Timothy E. Angley
Timothy E. Angley
  • Plymouth, MA
  • Licensed in Massachusetts

A: The Board of Health should be the ones keeping the records for a Title 5 inspection. It is legal for a sale without an inspection if the sale is to a family member. In Massachusetts, it is the SELLER who is responsible for the Title 5 inspection and if needed, repair costs. The Buyer would only be responsible for Title 5 if the parties agreed that the Buyer was going to cover that cost.

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