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Dear Forms Committee: If the septic tank pumping/cleaning and inspection happen on the same day, when does the 10-day inspection period start?

If the seller is performing pre-inspection services, under lines 30-32 of OREF 081 – Septic Onsite Sewage System Addendum, the buyer has ten days after the seller provides notice that the pre-inspection services are complete to conduct septic inspections and negotiations. The review period starts the first business day following the date the seller gives this notice. This date may differ from the service date, depending on when the notice is delivered. If you represent a seller, the best practice is to have this notice prepared and ready to send as soon as the services are complete.

If the seller is not performing pre-inspection services, the 10-day period starts the first business day following the effective date of the Sale Agreement. In the “Miscellaneous” section of the Sale Agreement, Item 8 (“Days”) says that timelines start the first business after a triggering event, so the party gets the full 10-day period to conduct inspections and negotiations.

All comments and responses from OREF or its staff, managers, and volunteers are non-legal opinions made for general purposes. Each Forms subscriber must rely solely upon their Principal broker or personal legal counsel for specific advice and instruction. You and your client should independently confirm that the Form(s) you use are legally suitable for the purposes intended and that they are current with respect to all laws and regulations.