Seller Has No Aerobic Maintenance Contract? A Buyer's 5 Options

What it means when the seller never had a maintenance contract

It means nobody has documented the system's condition, possibly for years. On an aerobic system that matters, because the parts that fail quietly (the aerator, the pump, the floats, the chlorinator) are exactly what a maintenance provider checks every four months.^source

It also means the system has been out of compliance. Kaufman County's OSSF order requires a maintenance contract on every aerobic system, requires the maintenance to be done by a licensed provider, and sets inspections every four months. Once you close, that obligation is yours.^source

The good news: this is common, and most of the time the fix is an inspection, a new contract, and a few hundred to a couple thousand dollars of catch-up repairs. It is rarely a new system. Your job during the option period is to turn an unknown into a number.

First, find out which no-contract situation you're in

"Never had a contract" covers several different stories, and they carry very different risk. Ask the seller directly, then check it against the county file.

Pull the county's OSSF file on the property

The county often knows more than the seller. Kaufman County Development Services holds the permit, the design, the notice of approval, and the maintenance contracts providers have filed. Email publicworks@kaufmancounty.net or call (469) 376-4127 with the address and ask what's on file. Properties inside Terrell or Oak Ridge city limits go to those cities instead.^source

The Certificate of OSSF Requiring Maintenance is recorded in the county deed records, so your title company can usually find it too. If the file shows a permit and a design but no contract filings for years, you know the gap is real. If it shows no permit at all, stop and read the last section before going further.^source

• The OSSF permit and notice of approval, with the date^source
• The design: aerobic with spray or drip, tank sizes, and the number of bedrooms it was sized for
• Any maintenance contracts or renewals on file, and the last filing date^source
• Any complaints or violation letters on the address
• Whether the bedroom count on the permit matches the house you're buying^source

What to ask your septic inspector to check

Order a septic inspection on day one of the option period and tell the inspector the system has no maintenance history. A general home inspector usually looks at septic only in passing, so hire someone who works on aerobic systems. Budget $350-$650, plus $300-$600 if the tank needs pumping.

Our septic inspection service page can match you with a licensed inspector, and what a septic inspection covers in Kaufman County explains the full checklist. On a no-contract system, make sure these items are in the report.^source

• Aerator running and moving air, with the output checked, not just a hum
• Sludge levels in the trash tank and aeration chamber, and whether a pump-out is needed now
• Pump tank: pump runs, floats work, high-water alarm sounds and lights when tested
• Chlorinator holding calcium hypochlorite tablets, not pool tablets, and the tube not jammed^source
• Spray heads: purple pop-ups, all popping up, spraying inside the field, timer set between midnight and 5 a.m. as the county requires
• Soggy ground, odor, or dark green grass over the tanks or spray area
• Lids, risers, and panel condition, including ant damage in the panel
• Photos of everything, with the aerobic unit's brand and model

How much does catching up a neglected aerobic system cost?

Most neglected aerobic systems in Kaufman County need somewhere between a few hundred and a couple thousand dollars to get back in shape, plus the first year of a contract. Full replacement is the outlier, not the norm, but it happens when neglect has let solids clog the spray lines or the field has been flooding for years.

Here's a worked example on a typical 3-bedroom aerobic system with no records: new contract $450, a pump-out $450, a replacement aerator $800, and three spray heads $300. That's about $2,000 on top of the $500 inspection. On a $350,000 home, that's well under 1% of the price, and a very reasonable credit to ask for.

Your 5 options as the buyer

You have the most bargaining power before your option period ends, because until then you can walk for any reason. After it ends, your exits narrow a lot. Pick one of these and put it in a written amendment through your agent.

Should the seller fix it, or should you take a credit?

A credit usually serves the buyer better on an aerobic system. The seller's incentive is to get the cheapest acceptable fix done fast, and you're the one who will live with the provider they pick. With a credit, you choose the provider, you sign a contract you like, and the first visit's findings are handled on your terms.

If the seller does the work, the TREC resale contract helps you. Unless you agree otherwise, agreed repairs must be finished before closing, done by licensed people, and documented with the scope of work and proof of payment, and transferable warranties go to you. In Kaufman County, anyone repairing any part of a septic system, spray heads included, must hold a TCEQ license.^source

Lenders can limit how much a seller credits, so ask your loan officer before you pick option 2 over option 3.

What your lender may do about a no-contract system

Lenders don't usually ask about the maintenance contract itself. They care whether the system works. An FHA or VA appraiser who sees sewage surfacing, a lit alarm, or soggy ground over the spray area can make the loan subject to repair, and that can land after your option period ends.^source

That timing is the reason to inspect early instead of waiting for the appraisal. If a lender does require a repair, the TREC contract says neither side has to pay unless you agree in writing, and you can terminate if lender-required repairs exceed 5% of the price. Our guide to FHA and VA septic requirements covers the details.

What to do in your first 30 days after closing

Sign a maintenance contract with a licensed provider right away. The affidavit recorded against an aerobic property says the new owner must obtain a maintenance contract within 30 days of the transfer, and Kaufman County's order doesn't allow owners to maintain their own aerobic systems.^source

Have the provider do a full first visit rather than waiting for the next slot on their route. You want a dated report showing where the system stands on the day you took it over. Our aerobic septic maintenance page can connect you with licensed providers, and our aerobic maintenance contract pricing guide shows what a fair contract looks like.^source

• Contract signed with a licensed maintenance provider within 30 days of closing^source
• Provider files it with Development Services (the county order gives providers 7 days) and sends you confirmation
• County renewal fee of $25 a year paid, either through the provider or directly
• First inspection done and repairs approved
• One folder for the contract, every report, and every invoice, so your eventual buyer never has this problem
• Calendar reminder 60 days before the contract expires, because the renewal is due at the county 30 days before expiration^source

When a missing contract is a reason to walk away

Most of the time a missing contract is a negotiation item. A few findings turn it into a reason to terminate, or at least to stop and get a licensed contractor's opinion before your option period runs out.^source

If the county has no permit on file, the system may have been installed without one, and bringing it into compliance can mean a new site evaluation and a new permitted system. Our septic replacement page explains what that involves.^source

• No OSSF permit on file for the address with the county or the city^source
• Sewage surfacing, standing effluent, or a spray area that's always wet
• The house has more bedrooms than the permit was designed for^source
• The spray area was built over, fenced into a pool, or paved
• The seller won't allow a septic inspection or won't open the lids
• A replacement estimate that pushes past what the price can absorb