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What must Kate provide to the buyer regarding the septic system before closing?

  1. The name of the contractor who originally installed the system

  2. A site assessment completed by a licensed subsurface waste disposal designer

  3. A written statement as to whether or not the septic system has malfunctioned during the 180 days prior to closing

  4. A written statement as to whether or not the septic system has malfunctioned during the 180 days prior to listing

The correct answer is: A written statement as to whether or not the septic system has malfunctioned during the 180 days prior to closing

The requirement for Kate to provide a written statement regarding whether the septic system has malfunctioned during the 180 days prior to closing is important because it directly informs the buyer about the current state and reliability of a critical component of the property's infrastructure. This transparency is essential in real estate transactions, particularly because septic systems can significantly affect both property value and the health and safety of its occupants. This statement gives the buyer crucial information to assess any potential risks associated with the system. A malfunctioning septic system could lead to costly repairs and may pose health hazards. By providing this information before closing, Kate ensures that the buyer is fully aware of any potential issues they might be inheriting with the property, thus facilitating informed decision-making. The other options did not meet this essential requirement for disclosure relating to the timing of a malfunction. For instance, while the contractor's name or a site assessment are useful pieces of information, they do not provide immediate insight into the septic system's operational status in the critical window of 180 days before closing—hence, they do not serve the same purpose of ensuring buyer awareness and protection.