Well Water Testing

The firm is endeavoring to inform all of its clients who own real estate served by a private well, or who are contemplating purchasing a home serviced by a well, of the new requirements imposed by our elected Senate and General Assembly of the State of New Jersey.

The new Act is called the “Private Well Testing Act”. As a result of this Act, you may experience another invasion of privacy. However, what is now required is that every contract of sale for real property, and not it is not limited to residential property, for which water is supplied by a private well, must include a provision requiring as a condition of the sale the testing of the water supply within the parameters prescribed by this Act.

A closing of title on the sale of real estate shall not occur unless both the buyer and seller received and reviewed a copy of the water test results. At the closing, the buyer and seller both must sign, or certify in writing, that they have received and reviewed the water test results.

The test must be conducted in accordance with the requirements of the statute and shall include a test for bacteria, nitrates, iron, manganese, pH, volatile organic compounds and lead. It should be noted that it appears arsenic is allowed. However, a further test is required for radium. The Act takes effect on September 14, 2002. If a closing occurs after that date where there is a well on the property, we must have compliance.

 

The Act makes no statement as to who must pay for the test, but it is either the buyer or seller, as the State is not paying for it. It is quite expensive. The water must be obtained from the well by a person certified by the State to collect water. The test must be conducted by a laboratory approved by the State.

© 2017 by Kearns Duffy & Vaccaro, P.C.

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