St Louis County Septic Transfer Agreement

The planning commission considered public comments made at two public meetings, communications from county residents, and testimony from landowners and industry professionals made available at the December 12 public hearing. After much thought, the planning commission unanimously recommended the lifting of the trust obligation, with the exception of waterfront real estate. In addition, most lenders do not allow a trust service for health and safety matters such as a septic system. FHA and lenders that sell on the secondary market would simply not provide financing if a fiduciary service was required. In addition, Veterans would not be able to take advantage of their VA benefits to obtain a mortgage on real estate that does not have a certificate of compliance. All this would limit the homes available to buyers wishing to use this method of financing and would significantly limit the pool of buyers who can buy the property. Currently, when a property is sold, the seller makes a certificate of conformity available to the buyer. The Certificate of Compliance is valid for three to five years depending on the age of the system. If the current certificate of conformity has expired or the seller does not have a certificate of conformity, the system must be tested before the sale of real estate can continue. If the system cannot be tested because the ground is frozen, both the seller and the buyer can use a transfer contract. The agreement determines who is liable if it turns out that the system is failing: the seller, the seller and the buyer or buyer. The Landkreis requires that this be submitted within 30 days of the transfer of a property. According to the Environmental Services Division, 78% of people who use the transfer agreement comply with the terms of the delegation agreement.

As a real estate agent who works with buyers and sellers in St. Louis County, I have serious concerns about the proposed amendments to By-law 61. The regulation applies to underground wastewater treatment systems in the county, better known as private septic systems. In October 2013, a proposal to amend the by-law was submitted to the St. Louis County Planning Commission. Section 2.07 of the proposed Regulation would require a 110% reduction in a written estimate from the seller or buyer in order to install a compliant septic system if the current system cannot be tested due to frozen soil conditions. Duluth Office Phone: 218-725-5200 Fax: 218-725-5029 E-mail There are many reasons why the trust would strongly affect the sale of real estate in winter…