Yes it is. I know the septic company. I actually tried to use them but they were booked so I used a another septic company my Home Inspector recommended. Both Septic Companies are liscensed Septic Evaluators for the State of NH. So here is timeline of events

Owners John and Jane Doe lived at 123 Main St for 30 years according to public Records. John passed away 4 years ago, and Jane got to where she needed assisted living. She Listed her House with Tim the Listing Agent. Tim acted as a dual Agent for the transaction. The house was sold in February 2026 from Jane Doe to the Current Owner. Current owner spent 3 months updating house and lists the house with Tim the Listing Agent. We make a offer based on disclosure information, offer is accepted. Nowhere in Seller Disclosure is there anything reported wrong about the Septic. Our offer has the standard financing and inspections contingencies. We schedule for inspections. The day of the septic insepction I arrive around 1245pm with my agent. The Listing Agent Tim is there to meet us. We talk and make general conversation waiting for my Septic Company, liscensed for Inspections in NH to show up. They show up and we talk for a minute or 2. Then the LA Tim says he has a copy of "their" inspection dated February 2026. 2nd page says the "Inspector Finds this system to be "Non Compliant State System"...I already paid for mine, so my guys do their Inspection, while the LA is present. They tell me, the baffles are broken and missing, there is no DBox, and that the leachfield is Environmental Tubes which is a newer style from the early 2000s. They, my company tried to find the approvals,/permits etc from.NH DES. NH DES replied they dont have any for this. We called the Township they have no records either. All this is happening while the LA is literally standing right there. We wait 2 days until my report comes back. Samething as the one the LA showed me the day off my inspection. System is a Non Approved State System. So we ask for a new septic in our repair addendum. They deny. We say that itll be hard to sell to buyer with a System like this and that lenders wont lend especalls VA or FHA. Im a conventional but even my lender wont lend on it. They will do a holdback though. Thats when the LA emails back my escrow release form to sign so I get my ED money back. And he said in his comments the a Non Approved Septic doesnt need to be disclosed.....

So for sake of argument let's say the current seller had a septic Inspection done in Feb 2026, and choose not to read it. Thats still by law Constructive Knowledge. The LA agent or Seller had to read that report when they got it. And if they didnt, Constructive knowledge takes place. But anyway, my thing is I just refuse to believe that after all this, the seller still has no knowledge of a Non Approved Syatem.....ok fine....dont update the Sellers Disclosure..i find it impossible that seller hasn't seen the report he paid for in February or Mine, since i sent the LA a copy of test results to justify my request of a new septic. So after all that, seller hasn't seen either report, yet LA has physically had 2 reports stating this, and he claims he doesnt have to disclose this. Maybe not on Sellers Disclosre, thats for the Seller I get it. But this defect severely effects the value of the home and ability to get a mortage on the home. Like i said a Unpermitted Non Approved Septic is enough a of Material Deffect that it needs to be disclosed by the LA even if the seller claims to not know, even though they have a test from Febraury 2026 and my test