Changed:
K1360 – Well and Septic Addendum
PRIVATE WELL AND/OR PRIVATE SEPTIC SYSTEM (Former Paragraph 7 of the Virginia Jurisdictional Addendum): The well and septic provisions will now be in a separate addendum K1360 – Well and Septic Addendum.
Last year the NVAR Standard Forms Committee reviewed and modified the well and septic provisions of the Virginia Jurisdictional Addendum. After much feedback from our members and those of neighboring associations, as well as input from leaders in the well and septic industry, the Committee once again updated the well and septic language to address some concerns. We have created a comparison chart to assist you in understanding the difference between the two versions:
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PRIVATE WELL (Paragraph 7.A) |
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| Water Quality (Paragraph 7.A.1): | |
| Old Language | New Language |
| Seller pays for inspection. | Option for buyer or seller to pay for inspection. |
| Testing for coliform bacteria and lead required. | Testing for coliform bacteria only is required. |
| Test results dated no more than 120 days prior to settlement. | Test results dated no more than 180 days prior to settlement; re-testing results (if necessary), on or before settlement. |
| Inspection/test results from local health department or a licensed and insured private company. | Inspection ordered through local health department or an insured private company; inspection report from a Virginia certified lab. |
| Seller is obligated to remedy. | Same. |
| Well Inspection Contingency (Paragraph 7.A.2): | |
| Old Language | New Language |
| Additional well inspection(s) at buyer's option and expense. | Same, but checkboxes provided for whether or not there is a Well Inspection Contingency. |
| Well inspection report within 15 days. All responses/counter-offers within 5 days. | Number of days specified by the parties. |
| Repair/replacement costs are subject to negotiation. | Same. |
PRIVATE SEPTIC SYSTEM (Paragraph 7.B) |
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| Septic Inspection (Paragraph 7.B.1): | |
| Old Language | New Language |
| Seller pays for inspection. | Option for buyer or seller to pay for inspection. |
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Inspection must include: 1) Visual inspection of the distribution station and drain field; |
Inspection may include any/all of the following (as specified by the parties): 1) Walk-over visual inspection of the drain field with probing; |
| Contingency period/inspection results or report within 15 days. | Number of days to be specified by the parties (minimum 15 days recommended). |
| Test results dated no more than 120 days prior to settlement. | Test results dated no more than 180 days prior to settlement. |
| Inspection/test results from a licensed and insured private company. | Inspection from local health department or a licensed, insured septic system installer, contractor, or repair firm. |
| Alternative System Maintenance Contract (Paragraph 7.B.2): | |
| Old Language | New Language |
| Checkboxes indicating whether or not seller has a maintenance contract. (If so, seller to provide a copy to buyer within 15 days.) | Same. |
| Checkboxes indicating whether or not maintenance contract shall convey to buyer. | Same. |
| If maintenance contract exists, and system does not require pumping, seller to provide certificate that system is in normal working order. | Removed. All septic inspection, testing, pumping, and certification is handled in 7.B.1. |
| Septic Repairs (Paragraph 7.B.3): | |
| Old Language | New Language |
| Septic inspection report within 15 days. All responses/counter-offers within 5 days. | Number of days specified by the parties. |
| Repair/replacement costs are subject to negotiation. | Same. |
SUGGESTIONS? Contact us.