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Bought house no enough water from well

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kwebs

Junior Member
What is the name of your state (only U.S. law)? New York

We bought a house and water flow showed well was fine, now we don't have enough water to supply 3000 sq ft with four people. The well just can't produce enough water even for a family of 2. Can we sue the owner for not disclosing? The neighbors all have issues with insufficient wells. Why weren't we told?What is the name of your state (only U.S. law)?
 


justalayman

Senior Member
what does the disclosure form state regarding the well?

Was there a volume test performed prior to purchase? (used to be required for FHA and VA funded loans, presume it still is).
 

kwebs

Junior Member
No disclosure regarding the well. The inspector was suppose to perform water flow test and then he didn't do it and asked for signature on report while in the midst of numerous people in the house doing inspections (confusing situation and very sneaky inspector). The septic inspector stated no issues with water flow. Tanks in basement were completely full and water was in well. When we moved in to house, the water tanks drained in 4 days and the well went dry. Now, well drys in one hour. We are new residents to New York and feel that closing attorney, realtor, inspector all work together and nobody will help us.
 

kwebs

Junior Member
Oh yeah, seller states he didn't have any issues with water flow, although all the neighbors confirm that they and the seller have had issues for 10 years.
 

justalayman

Senior Member
I find it highly unusual there would be no disclosure form listing the well with some sort of mark.

If it is truly as you say, you at least have the inspector to chase. If he signed off on the well, especially if he was required to perform a test he did not and subsequently signed off on it, see compensation from the well inspector that certified it was performing adequately.


edit: if the seller indicated on the legally required disclosure form that there were no problems with the well and you can support the fact he had to have been aware of the problems, then you can also sue the seller for the cost to repair the problem.

depending on what the Realtor did in this, they could have some liability as well but that is unclear to me based on what you said.
 

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