Answer: Title V is a state law that regulates the condition of septic systems. The responsibility lies with a home seller to repair a deficient septic system, prior to a sale. Such repairs can cost over ten thousand dollars. However, does the regulation apply to inter-family transfers? No.
Fortunately, a seller won’t incur the cost of repairing a septic system of a home for the following transactions:
1. between current spouses;
2. between parents and their children;
3. between full siblings; and
4. where the grantor transfers the real property to be held in a revocable or irrevocable trust, where at least one of the designated beneficiaries is of the first degree of relationship to the grantor.
Attorney James Haroutunian practices real-estate law, estate planning and probate at 630 Boston Road, Billerica. He gladly invites questions at firstname.lastname@example.org or by phone at 978-671-0711. His website blog is found at www.hlawoffice.com. This column is published for informational purposes only and not to be relied on as legal advice, in any manner.