Legal Question in Real Estate Law in Maryland
Seller Responsibility
In the state of Maryland, is the sellar legally required to empty/perform maintenance on a septic tank before the house is sold? So that if I bought a house and the septic system/tank had not been emptied would the seller be responsible? thank you.
2 Answers from Attorneys
Re: Seller Responsibility
I am not aware of any state law which compels a seller to empty a septic tank before sale of the property. You may wish to call the health department of the county in which the property is located to determine whether there is a county ordinance which requires this. Generally speaking, the only requirement is that the system be in working order. Maintenance or emptying of the tank is contractual and should be negotiated at the time that you enter into the contract.
Re: Seller Responsibility
The law only requires the septic system to be in good operating condition unless the contract of sale required the seller to empty it out or perform some other service. If you were working with an agent and had concerns about the septic system, you should have asked your agent to inquire about the age of the system, and possibly to negotiate a provision in the sales contract that required the seller to clean it out if appropriate.
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