u/Chefandyham

So I went under contract on a house 2 weeks ago. Sellers Disclosure was pretty vague, alot of unknowns. The septic said no malfunctions etc. We decided to proceed and move to inspection phase. We had a Building, Water, and Septic Inspection done. For Context the current owner has only owned this house since Fwbruary 2026, hes a investor, aka Flipper.

Anyway the day of my Septic Inspection, the Sellers agent was present and gave me a copy of their Septic Inspection from February 2026, and the outcome was the Inspector has determined the System is "Not a State Approved System" Should this if been in the disclosure?

I proceed and have my Inspections done, since I literally found out about the Sellers Inspection the minute my inspections were starting. Again the septic Report comes back as "Non State Approved" they list broken baffles, no distribution box and The NH DES has no record or permit/design/approval for the leachfield which is from early 2000s since its a Environmental Tube system, which wasnt around till the late 90s. The Township has no record of permits approvals etc. The well is also located within 30 feet of well.

So we ask for a new septic and well in our repair request. Of course Sellers agent says no. We remind him that buyers using VA FHA cant qualify and that im a conventional mortgage and even my lender wont lend on it. They will do a escrow holdback for replacement. The sellers agent said I should find a new lender. Anyway we said that the disclosure should of known this defect since you had a Inspection performed. We said you have to update the new Disclosure since you know of this information. He replied back saying:

"I understand him withdrawing his offer, I will issue the check tomorrow.

It is not illegal to have the well closer than 75' that the rules for FHA, VA.

Also you do not have to disclose that a septic is not state approved. There are hundreds of systems in NH that are not approved."

I wont and refuse to believe that a Listing Agent doesn't have to disclose this information. Im not trying to get my inspection money back, its the price of business even though he knew, bc he showed me the reports from Feb 2026. I just want him to disclose this if he legally has to, so a future buyer doesnt get taken advantage of. My agent is reaching out to her broker to see if a LA agent has to disclose this, even if for some reason the LA never passed on the information to the actual property seller, which is highly unlikely.

Any realtors here can answer id greatly appreciate it

So im under contract on a house in Central NH. I had my septic evaluation today, buy a highly recommended company. They were super helpful and polite. Before the inspection my realtor and I did some research to see if we could find the septic plans/permits/approvals etc on the NH website that lists all the seotics installed since 1967. The house was built in in 1963 so we couldn't find any information. During the inspection, the Inspector commented that the inlet and outlet baffles were broken, but can be repaired, no big deal. They then begin to search for the drain field. They discover that the leach field is a Enviro Septic or Envirotube. They said its a newer design, from the late 90s early 200s. They were only able to find 1 tube and no distribution box. When the inspection was almost over they said the system is functioning but since no permit or approval was found for the newer style leach field, they would have to say the septic is "Not a Approved Method" So im guessing this is considered a failed septic according to NHs Septic website. My question is, if the tank is original, but in working order can a engineer just design a leach field or would the entire system, tank and all have to be redesigned. The inspector said the system works, but the had to classify it as a Non Approved method. Im going to call the townships health department and state office tommorow to get clarification, but id assume a unpermitted leachfield even if its working is a automatic failure?