• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Well Water problems after sale

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

S

susiew62

Guest
What is the name of your state?
Washington.

My husband and I recently sold a home that is supplied by a well. There were some problems with silt in the water and a very low amount of iron. We had a water treatment system installed to take care of the problems and was in great working condition when we moved out. While we were listing the house with our realtor we told him about the problems with the water and the water system for the disclosure section. On the disclosure form he wrote that there was a water treatment system installed.

The new owners never asked about the water treatment system...how to run it or even why it needed the system. They also never had a well inspection done, only a general home inspection.

One week after they moved in they started having problems with the water that we never had. They want us to help them fix the situation by going in on half the cost of a new water treatment system to take care of the problems that were not there before we sold it. How can anyone know what is going to happen with a well from one week to the next? What if it is going dry? Are we obligated to do this? Should we get a lawyer or would it be more beneficial for us to pay 1/2 the cost for a new water system? And if we do....if the well goes dry next month are we then going to be obligated to drill them a new well? Help!!
 


HomeGuru

Senior Member
susiew62 said:
What is the name of your state?
Washington.

My husband and I recently sold a home that is supplied by a well. There were some problems with silt in the water and a very low amount of iron. We had a water treatment system installed to take care of the problems and was in great working condition when we moved out. While we were listing the house with our realtor we told him about the problems with the water and the water system for the disclosure section. On the disclosure form he wrote that there was a water treatment system installed.

**A: first of your agent had no business filling out a Seller disclosure statement.
You as Sellers are supposed to do that.
Secondly, you as Sellers did not disclose properly pursuant to your State disclosure law. You needed to disclose material facts such as those in your post above specifically describing the water problems. Just stating that there was a water treatment system installed is not full disclosure.
************

The new owners never asked about the water treatment system...how to run it or even why it needed the system. They also never had a well inspection done, only a general home inspection.

**A: to mitigate damages, you should have required a well inspection as a condition of the sale. You could have even requested that the Buyer pay for the inspection.
The disclosure law does not require the Buyer to ask but rather the requirement is on the Seller to disclose.
***********

One week after they moved in they started having problems with the water that we never had. They want us to help them fix the situation by going in on half the cost of a new water treatment system to take care of the problems that were not there before we sold it. How can anyone know what is going to happen with a well from one week to the next?

**A: you are correct but that is not the issue. The issue is that there were problems with the well water AND you did not tell the Buyers of these problems.
***************


What if it is going dry? Are we obligated to do this? Should we get a lawyer or would it be more beneficial for us to pay 1/2 the cost for a new water system? And if we do....if the well goes dry next month are we then going to be obligated to drill them a new well? Help!!

**A: The easiest thing you could have done was to disclose the problems, then add a contingency that the sale is subject to the Buyer's paying for a well water test and that the sale including the well is an "as-is" sale etc.
 
S

susiew62

Guest
Thank you for your quick response!

We have learned a big lesson with our first home sale!
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top