OK, I looked up the well-filling statute & the WI real estate disclosure statutes. I've copied the well statute below for you to print out if you like. I think you are OK.
First, does the county has 500,000 people or more? If not, you're off the hook.
Second, if you disclosed the well's existence, you are not liable for the costs of filling the well. Go back & look at your Real Estate Condition Report. Its contents are set forth in 709.03. Look at your answers to C.5 (I am aware of defects in the well...) & C.21 (I am aware of [any laws] requiring repairs, alterations or corrections of an existing condition). Also look at C. 13 (defects in any mechanical equipment...). As long as you answered 'Yes' or 'No' to C.5, you disclosed the well's existence. (Answering 'N/A' would be saying there was no well & you'd be liable for any expense related to the well.) Since you didn't know about the well-filling statute, you could honestly answer 'No' to C.21.
Now, under 709.07, as long as your answers were honest, you are not liable for non-disclosure *even* if you should have known about the law for filling wells. You did not actually know about it, so you are protected. (If the well wasn't working & you failed to disclose this, you are still not liable for filling; you would only be liable for putting the well back in working order.)
Third, you are not required by statute to fill the well. The well-filling statute applies to "The owner of any real estate", not the *former* owner of any real estate. So, you cannot NOW be held liable under statute to fill the well. (The Attorney General could still come after you, I suppose, but I think s/he has better things to do with his/her time.)
Finally, was the well working when you lived there? Did you use it occasionally? If you used it ocasionally, you had not abandoned the use of the well & had no duty whatsoever to fill it in. That the buyers decided to abandon a perfectly good well is their problem, not yours. If you haven't made any contrary statements, you can stretch the facts a little (without actually lying) & say, for example, you intended to use the well or keep it as backup or for watering stock, but hadn't used it in some time. Depends on whether 'out of service' means 'unused for a while' or 'broken.'
There. I've given you 4 ways to avoid liability. You only have to win on ONE argument to be able to tell the buyers to buzz off.
Talk to us again if they sue you & we'll help some more.
Tracey
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709.07 Liability precluded. An owner is not liable for an error or omission in a report under s. 709.03 if the owner had no knowledge of that error or omission, if the error or omission was based on information provided by a public agency, as defined in s. 66.073 (3) (h), or by a licensed engineer, land surveyor, structural pest control operator or qualified 3rd party, as defined in s. 452.23 (2) (b), or by a contractor about matters within the scope of the contractor's occupation.
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167.27 Capping and filling wells or similar structures.
167.27(1)
(1) This section applies only to counties of a population of 500,000 or more.
167.27(2)
(2) The owner of any real estate shall securely protect any well, seepage pit, cistern, cesspool, septic tank, or other similar structures in active use with a cover of concrete, metal or wood covered with sheet metal, securely fastened and of sufficient weight so it cannot be removed by small children and so as to make it free from danger to persons going upon such real estate.
(3) Whenever any shallow dug well, seepage pit, cistern, cesspool or septic tank is abandoned or its use discontinued, the owner of the real estate upon which it is located shall promptly fill the same to grade.
167.27(4)
(4) Whenever any drilled, bored or deep dug well, except test wells of 10 inches or less in diameter, is abandoned or its use discontinued, the owner of the real estate upon which it is located shall promptly fill the same, either with alternate layers of sand or clay and concrete, and seal with a concrete cover at least 5 inches thick, or in accordance with recommendations of the department of health and family services.
167.27(5)
(5) Whenever any mine shaft, exploration shaft or test well is abandoned or its use discontinued, the operator or contractor shall promptly fill same to grade or enclose the same with a fence of strong woven wire not less than 46 inches wide with one barbwire above or cap same with a reinforced concrete slab at least 6 inches thick or with a native boulder at least 3 times the diameter of the top of the shaft or test well bore. The strands of the woven wire shall not be smaller than No. 12 wire and the cross wires and meshes shall not be smaller than No. 16 wire; the strands shall not be more than 12 inches apart, and the meshes shall not exceed 8 inches square. All wires must be tightly stretched and securely fastened to sufficient posts firmly set not more than 8 feet apart. In case any person shall neglect to repair or rebuild such fence which the person is so required to build and maintain, any person may complain to the department of commerce or to the local governing body, which shall give notice in writing to the person who is required to build and maintain such fence. The department of commerce or the local governing body shall then proceed to examine the fence, and if it shall determine that such fence is insufficient, it shall notify the person responsible for its erection and maintenance and direct the person to repair or rebuild the fence within such time as it shall deem reasonable. Any person refusing to comply with such order shall be subject to the penalties provided.
167.27(6)
(6) Existing abandoned mine shafts, exploration shafts or test wells shall be securely protected by owner of the real estate upon which it is located.
167.27(7)
(7) Any person violating this section shall be fined not less than $10 nor more than $200 or imprisoned not exceeding 6 months, or both.
167.27(8)
(8) Any violation of this section coming to the attention of the department of commerce or municipal authorities shall be reported to the attorney general or district attorney for prosecution.
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This is not legal advice and you are not my client. Double check everything with your own attorney and your state's laws.
[This message has been edited by Tracey (edited June 21, 2000).]
