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Who's actually responsible: buyer or seller?

This is the part of the new rule that causes the most confusion — and the part worth understanding before you're negotiating under time pressure.

The inspection itself

The point-of-sale inspection requirement falls on the seller — it's the seller's property, and the county's rule requires the report be filed before transfer. In practice, sellers typically pay for the inspection itself, the same way sellers typically pay for other pre-listing inspections. This is a norm, not a law — like most things in a real estate transaction, it can be negotiated differently in your specific purchase and sale agreement.

What happens with unresolved deficiencies

What we can confirm, and what we can't yet

Local reporting on the new rule (Lynnwood Times, April 2026) states that "unresolved deficiencies will carry forward to the buyer for follow-up" — meaning a seller isn't strictly required to fix a marginal or failing system before closing, but the buyer inherits responsibility for it after the sale. We have not yet been able to verify this specific mechanic against the county's own published code language, and we'd rather tell you that directly than present it as settled fact. Confirm the current rule with the Snohomish County Health Department or your real estate agent before relying on it for a specific transaction.

What that reported mechanic would mean in practice, if accurate: a seller can, in principle, disclose a marginal or failing system rather than repair it, and the buyer takes on the obligation to resolve it after closing. That's very different from a rule that blocks the sale outright until the system passes — and it's exactly the kind of nuance that's easy to miss if you only skim a headline about "new septic inspection requirements."

What this means for sellers

Getting your inspection done early gives you the most options — time to repair, time to price around it, or time to have an informed conversation with your agent about disclosure.
A "marginal" or "failing" result doesn't necessarily kill your sale, but it does change buyer expectations and financing options (see what each rating means).
Standard Washington real estate disclosure forms (Form 17) already ask about known septic issues — a new inspection report becomes part of what you're expected to disclose accurately, rule or no rule.

What this means for buyers

Ask for the septic inspection report before you're deep into a transaction, not after mutual acceptance.
If the report shows marginal or failing status and the seller isn't repairing it, understand what you're taking on — a full replacement can run $15,000–$35,000+ (see the cost guide).
Talk to your lender early. Many loan programs require a functioning septic system at closing regardless of what buyer and seller agree to between themselves.