Sell Your Failed Septic System House in Homestead

Yes, you can sell a Florida house with a failed septic system. The failure does not stop a sale, but you have to tell the buyer about it if you know, a repair needs a permit, and a buyer who needs a mortgage can be held up by a lender's septic requirements. A cash sale skips the repair and the lender: we buy the house as-is with the failure disclosed, and you decide whether a repair is worth doing at all. Do you have to disclose a failing septic system? If you know about it, yes. Under Johnson v. Davis, 480 So. 2d 625 (Fla. 1985), a seller who knows of facts materially affecting the value of the property that are not readily observable, and that the buyer does not know, has a duty to disclose them. A failing drainfield, repeated backups and a pump-out you ordered because of one all count as known. Calling the sale "as-is" does not remove the duty: the Third District, in Levy v. Creative Construction Services of Broward, Inc., 566 So. 2d 347 (Fla. 3d DCA 1990), found no as-is exception to it. Disclose in writing and keep the pump-out and repair records. This is general information, not legal advice, and a Florida real estate attorney can confirm how it applies to your sale. Does Florida require a septic inspection when you sell? No. Section 381.0065(4)(v) of the Florida Statutes says a governmental entity may not mandate an inspection of a system at the point of sale. That is the law about government, not about buyers: a buyer or a lender can still ask for an inspection, and what an inspection finds then becomes something you know. What does it take to repair a failed septic system? Section 381.0065(4) bars anyone from repairing, modifying or operating an onsite sewage system without a permit. Under Florida Administrative Code 62-6.015, the owner or lessee asks for a repair permit before any work starts, on Form DEP 4015, with a site plan and a description of the failure. The Department aims to issue the permit within 2 working days, and the permit is valid for 90 days with one 90-day extension. The program belongs to the Department of Environmental Protection, and in most counties your county health department still takes the application and does the inspection, so start with the Florida Department of Health office for the county where the house sits. If the drainfield's absorption surface sits within 6 inches of the wet season high water table, the rule does not allow an alternative method and the drainfield has to be replaced. A repair permit can pass to a buyer if the new owner files an amended application within 60 days (381.0065(4)), which means a half-finished repair can still be handed over. Can you be forced onto the public sewer instead? Sometimes. Section 381.0065(4)(i) allows an existing system to be repaired only when no public sewer is available within 500 feet of the building sewer stub-out and the construction and operation standards can be met. Under 381.00655(1)(b), the owner of a system that needs repair to work sanitarily must connect to an available public or investor-owned sewer within 90 days of written notice from the department, with one extension of up to 90 days for hardship. In the parts of Miami-Dade, Broward and Palm Beach where sewer lines have reached older septic neighborhoods, that can turn a repair bill into a connection bill. Ask the utility whether a line is available before you price a drainfield. Why do financed buyers walk away? Lenders want to know the system works. HUD's published FHA guidance (an archived reference guide) says inspection is not automatic, but an appraiser who suspects a problem with the system can condition the appraisal on a certification from the local health authority or a licensed sanitarian, and a system that fails has no certificate to give. A buyer then waits on the repair, asks you to credit the cost or leaves. A cash buyer has no appraisal condition, so the failure becomes a price, not a deal-breaker. Repair or sell as-is, which costs less? Work it out with real numbers, not a guess. Repair side: the contractor's written quote, the site evaluation, the permit fee set by your county, the pump-out, and the weeks you carry the mortgage, taxes and insurance while the work and the inspection finish. As-is side: the cash offer, with the repair already priced into it. As a made-up example, not a quote: if a house would sell for $400,000 repaired, a $30,000 repair plus $6,000 of carrying costs leaves $364,000 if the repair goes to plan, and a cash offer of $340,000 closes in days with no repair risk. The repair wins on paper when the sewer connection is not required, the quote is firm and you have the time. It loses when the quote is open-ended, a sewer connection is coming, or you cannot front the cost. Send us the pump-out report or the quote and we tell you which side of that line the house falls on.