There is no law that says you have to have your septic pumped when you purchase or someone sells.
Here's the thing.
The seller has to disclose (if they use a standard Georgia Association of Realtors contract) when/if his septic was pumped. Based on this information, the buyer decides whether or not to ask for this to be done.
The buyer has a due dilligence (although this is new for the past 2-3 years). Prior to that, the buyer had an inspection period where they could inspect for anything and everything. If a home inspector has reason to believe that there is a problem with a septic system, he might suggest that it be inspected.
If the home was vacant and the buyer gets an FHA loan, then FHA requires a septic letter - but this is so bizarre, because a septic letter just entails someone doing a "drive by" to see if there is any standing water in the yard - well if the house is vacant and no toilets are being used, etc., then, of course there will be no standing water. Duh! (Once I had a house listed and we had the system pumped and were told that there was a problem with the tank. We fixed the problem and gave the receipts for the work and that wasn't acceptable to FHA - we had to still get the "drive by" inspection...)
Some people are of the opinion - if it ain't broke, don't fix it.... So a lot of people don't have their septic systems pumped periodically.
For example, if there are only two people living in a home and they're very careful about not putting grease down the drain, and they don't have a garbage disposal and they use RidX or a similar product routinely, then, they don't have it pumped.
Others are of the opinion that you should do it every 3-5 years....
I've been involved in my share of septic reports/repairs and when you're in the middle of a real estate transaction, some unscrupulous companies will tell you just about anything - because they have you over a barrell and will suggest all these "add on" services that you may not need.
With that said, sometimes, an "unhealthy" tank may have such a high level of "unhealthy bacteria" (and this may not be the right term) - probably more like corrosive acids build up, that it will actually corrode the concrete pipes that come out of the tank to the plumbing system right near the tank. You may also have a crack in either the tank or the lid. These are very serious problems because this will allow ground water to get into the tank...
If your lid doesn't have a clean out, then the septic company has to dig up your yard to remove the lid to perform the service...
Another problem is if there are tree roots growing in the leach field, then you will have to have the leach field re-dug and re-routed or have it pressure washed out depending on the severity.
Lastly, on a sale of a home, if I'm representing the buyer, I will try to get the homeowner to pay for a warranty that includes septic coverage. However, this will have limits on coverage and it is only for year one. So, if a buyer has any reason to suspect a problem, it is worth examining thoroughly and getting a second opinion before continuing with the purchase.
I think the worst one I was involved in is when the buyer did not have the system inspected and was told after she purchased that the septic was not functioning, had to be relocated and had to be a more elaborate, more expensive system.... This happened because the ability of the land to continue to absorbe leaching water had changed due to new development in the area that changed the water run-off capabilities on her land.
Personal opinion - I would buy a home with a septic tank, but I think I would have it pumped every 3-5 years and ensure that the leach field was far from possible encroaching tree roots and that no one would be allowed to drive over it (possibly cracking the lid...).
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