Nondisclosure of problem with well water

[ballofire]

What is the name of your state?What is the name of your state? California

A little over 3 years ago we bought a house on 2 acers of land. We didn't know that the well water was undrinkable because of high mineral and salt content. We tried to find out why there was this problem by contacting the water purifier company. The company said they remembered installing the purifier for the previous owners and telling them it was not adequate. They needed to install a larger more expensive purifier. We did not want to put in a more expensive purifier and so just bought drinking water. We did not know that this should have been disclosed to us when we bought the property.

So now, 3+ years later we are selling the property and have to disclose this problem. We have an offer, but the buyers know there is a problem with the well water. We are trying to find out whether it is the well that was improperly drilled or the water purifier that is the problem. Meanwhile, we may have to drop the price to negotiate the sale. This could cost anywhere from $8000 to $15,000! Do we have a case to sue the original owners for not disclosing this very obvious problem to us? Is there a statute of limitations on cases like this?

[JETX]

Originally Posted by ballofire

Do we have a case to sue the original owners for not disclosing this very obvious problem to us?

Based only on your very limited information.... probably not.
What EXACTLY did the written disclosure statement say as to the well water condition??
Why didn't you, knowing of the well, have the quality tested by yourself or the seller??

[ballofire]

We never received a disclosure form at all. We had the water tested for only for bacteria at the time of purchase, not knowing there was anything else we should test for. Later on, after discovering how salty and undrinkable the water was, we had it tested and the results showed high salt content in the well water. It is very corrosive to pipes and faucets. We had to replace two bathroom sinks and faucets as well as the laundry faucets because of the corrosion. Being first-time home buyers and never having lived in a place that had a well, we were quite naive and uninformed. It took a while to realize we had a problem. When we received an offer for the sale of the property, we had to fill out disclosure papers and disclose this problem for the new buyer. We realized then that the original owners should have disclosed this problem to us. Now we may be out several thousand dollars, which we would like to see if we could recover from the original owners who sold us the place.

[HomeGuru]

Originally Posted by ballofire

We never received a disclosure form at all. We had the water tested for only for bacteria at the time of purchase, not knowing there was anything else we should test for. Later on, after discovering how salty and undrinkable the water was, we had it tested and the results showed high salt content in the well water. It is very corrosive to pipes and faucets. We had to replace two bathroom sinks and faucets as well as the laundry faucets because of the corrosion. Being first-time home buyers and never having lived in a place that had a well, we were quite naive and uninformed. It took a while to realize we had a problem. When we received an offer for the sale of the property, we had to fill out disclosure papers and disclose this problem for the new buyer. We realized then that the original owners should have disclosed this problem to us. Now we may be out several thousand dollars, which we would like to see if we could recover from the original owners who sold us the place.

**A: so where were the Realtors?

[ballofire]

State of California, Shasta County.

Good Question. Where were the real estate agents? I don't think I had one that was representing me or my interests. I believe there was a conflict of interest. Here is the reason: The real estate agent I had is the sister-in-law of the owner who sold me the property. Also involved was the father-in-law of the owner. He is a real estate agent and was advising the real estate agent who was a beginner.

I don't remember signing or initialing any disclosure statements, and I do not have any copies in my files. I found the realtor by walking into a real estate office and asking about properties for sale. The agent in the office said she had a new listing that was not on multiple listing yet and offered to show it to me. I later learned of the family relationship, but didn't think it was a problem at the time.

So what to do now? Can the real estate agent who sold me the property produce the paper work that will prove or disprove nondisclosure?

[seniorjudge]

Q: Can the real estate agent who sold me the property produce the paper work that will prove or disprove nondisclosure?

A: A good start, sounds like to me. A house with water is supposed to have potable water and the definition of "potable" is pretty broad. But salty water is not potable under any definition.

[HomeGuru]

time for an attorney.