Who should pay for septic tank upgrade?

[harpygoducky]

In the middle of buying a house and specialist survey has flagged that the septic tank does not pass the regulations that came into force this year. Sellers do not want to do the upgrade work themselves, and will not agree a price reduction for us to do it. We do not want to buy a house with an illegal septic tank and feel like they should sort this out pre completion, and we feel even going 50/50 is unfair as by law they should have done this already.
Votes please!

YABU- Buyers should pay
YANBU- Sellers should pay

The house was not in the state it was believed to be when you placed an offer. Therefore either the sellers replace the tank to bring it up to the assumed state when the offer was made or you reduce your offer to account for the replacement post purchase. If they refuse wall away.

Either they pay to have it done before you move in. They take enough out of the offer price for you to pay and be compensated for the inconvenience, or you walk away.
Do not go in and pay any of it.

Well you've got two choices:

They don't pay and you walk away
You pay

You can't make them pay, so it's not a matter of who is right.

You could try to agree 50/50?

What sort of cost is it?

It's awful house buying, isn't it!

I'd get three quotes and give to sellers. Either take it off the price or do it themselves.

There’s no right or wrong answer, depends whether you want the house enough to buy it anyway. If they’re in a strong position to sell to someone else then you either pay or walk away.

We do not want to buy a house with an illegal septic tank and feel like they should sort this out pre completion

Your only option is to walk away then. You can't make them do it.

The sellers should pay or take the cost off of the price you are paying for the house . Surely they will have the same issue with anyone who has a survey done .

Pull out if you feel that strongly. What other option do you have?

If they were aware of the new regulations and didnt upgrade then they should pay or reduce the price. I would probably walk away.

I think the sellers should either be paying or agree to a reduced offer so you can do the work after completion. You made an offer thinking the septic tank was fine, but now that this isn’t the case the sellers need to be realistic in their expectations. If they won’t fix it or reduce the price I think you should withdraw your offer and find something else.

Pull out of the sale. There's no legal right or wrong here. But if the house isn't as you want it, leave it for someone else.

It depends how much you want the house. If you're not willing to walk away, you'll have to negotiate.

They don't have to sell to you, they have decided they don't want to swallow the cost so you are going to have to factor it into your costs or walk away.

No one is right or wrong: it’s up for negotiation. The vendors have chosen not to negotiate so the ball’s in your court.

I think the sellers should however you can't make them. If they won't do it, I would personally walk away

Does it drain to surface water? If it does then (as far as I understand) they have to replace with a sewage treatment plant before they can sell. Sounds like an issue for your solicitor tbh.

We bought a property with a septic tank a few months ago. It discharges to ground so the new regs don't apply but the inspection showed it needs replacing. Luckily, after a bit of wrangling, our seller reduced the price to allow for about half of the work.

Depends how much the cost is and how much you want the house.

Pull out.

There definitely are legal rights and wrongs here, if it's surface water draining.

I don’t want to walk away

There is nothing else on the market in our budget and we have been living with MIL for months- I want to move!!

Just feels really unfair to have to pay

Ask for a reduction. If they say no then you'll have to decide if you want to bear the cost yourself or walk away.

I'd walk away. I'd be wondering what else isnt up to code.

I don't think this is a 'should' question as you are negotiating a price and there's no right or wrong there. However, if you're not happy to pay the price now then say 'no thanks' and go find somewhere else.

If it's the surface water regulation, don't they face a hefty fine for not bringing it up to the regulations?

Are you sure the septic tank is illegal?

In what way is it illegal? Does it actually matter?

Regulations often change but are rarely enforced retrospectively.

Has the surveyor provided an idea of the cost to bring it up to the current regulations?

If the vendor won't budge then I would consider splitting the cost although I suppose ultimately it depends how much you want the house and what that additional cost may be.