Who pays for septic compliance inspections, seller or hoa

UPDATED: Oct 1, 2022

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Who pays for septic compliance inspections, seller or hoa

In our county Aitkin a septic system certificate of compliance is
required at the time of sale. The home is in a HOA, but the seller is the
home owner. Sellers are required to provide the septic COC, so doesn’t the
seller have to pay for the inspection?

Asked on July 19, 2018 under Real Estate Law, Minnesota


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

Yes, the one selling the home is the one who has to provide the certificate and so pay for it: it is the one home the obligation rests who must arrange and pay for the necesary inspection, any filings, etc. The HOA needs to cooperate with the inspection, assuming that access to HOA property or documentation is necessary, but that's all they have to do. If the inspection isn't done, after all, it's not the HOA which suffers the consequence--it's the seller, who cannot sell.

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