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Pa Specific Contract ProvisionsContingencies_paMEDIUM

A buyer in Erie County enters into a PA Agreement of Sale with a septic contingency. The septic inspection reveals the system is functioning but is non-compliant with current PA DEP regulations. The seller argues the system was compliant when installed 20 years ago. What is the buyer's position under the contingency?

Correct Answer

B) The buyer may terminate or negotiate remediation based on the current non-compliance findings

Under the septic contingency, the buyer can evaluate the current condition and compliance of the septic system. If the system is non-compliant with current regulations, the buyer may terminate the agreement or negotiate with the seller for remediation, regardless of when the system was installed.

Answer Options
A
The buyer must accept the system because it was compliant at the time of installation
B
The buyer may terminate or negotiate remediation based on the current non-compliance findings
C
The PA DEP must approve the system before the transaction can proceed
D
The buyer's lender will automatically deny the loan due to the non-compliant septic system

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Related Topics & Key Terms

Key Terms:

septic_contingencynon_compliantPA_DEPremediation
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