The Well/Septic Addendum has been revised and will be released effective September 15, 2018. Presented here are the highlights of the revised form. The revisions are found in the Septic portion of the addendum.
First and foremost, the option to have the Seller retain the septic inspection company was added back into the form. Adding the Seller option required further treatment of the procedural requirements for the inspection. Thus, provision 2.B.2. was added which requires the Seller, if the Seller option is checked, to Deliver the Septic Inspection Report to the Buyer “no less than” a certain number of days prior to the Septic Inspection Deadline. The purpose of this language is to ensure the Buyer has enough time to review the report and fulfill their obligations under provision 2.B.4., specifically to provide, by the Septic Inspection Deadline, a written addendum listing the recommended repairs, maintenance or replacement (the italicized language replaces the word “malfunction”) of the system or notice voiding the contract. Also with respect to provision 2.B.4., the sentence “[e]xcept as provided by Paragraph 2.B.2. above . . .” was added to the last paragraph that identifies the consequence for the Buyer not acting by the Septic Inspection Deadline, namely, the Buyer’s Septic Inspection Contingency expiring. This carve out language was necessary because as stated above, the Buyer may not be able to meet the Septic Inspection Deadline in the event Seller does not timely provide the Buyer with a Septic Inspection Report.
In provision 2.B.1., language was added requiring the Seller to remove any “landscaping, personal property or improvement that impedes the Septic Inspection.” There is also language that extends the Septic Inspection Deadline in the event impediments are not removed. Finally, in that same paragraph, there is a blank line to allow for identification of a specific licensed and insured septic inspector. If not identified, the party responsible for the Septic Inspection shall select the Septic Inspector.
Finally, at the end of the addendum, the language requiring the Buyer, in the event the Buyer voids the Contract, to restore the property to substantially the same physical condition as it was prior to the Septic Inspection was removed.
***Capitalized terms are defined terms in the Virginia Regional Sales Contract