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Small town, mountain land, water is hit and miss as the norm.
50' wells, deep wells or no water. Could move over 100' and hit water.
System is usually underground streams.
Older subdivisions done before hydrology studies were required for developers.
We operate as transaction brokers. Inform buyers and sellers so they can make their own educated decision what to do. We write additionally in our listings they agree we can disclose anything we want to as long as it's legal.
The reason, we usually know more about their land, changes, area than the sellers who usually live out of state and might not have seen their land in years or even ever.
The well drillers wife thinks she's a water witcher and they won't drill until she ck's out the lot. Some people want a lot witched before they buy it.
Not often does this happen, but now our second time on this.
The 1st time, she told my customer, there is a stream, but, ohhhh, very little and weak. Lady didn't buy the lot. The next person, I mentioned this to, same lot, so she wanted it witched. She called a diff. witcher, and he said, there is a stream, Yep, there's water! They bought the lot.
Now a year later, we had an offer on a lot contingent upons the witchers opinion. We gave them 2 numbers. They met the well drillers wife; the lot under contract she said no to water, yes to 2 other lots. They cancelled their offer, and are writing a new offer on a lot she suggested there was water.
The question is: Now that our lot is tainted by her opinion, would you disclose this to new customers you show the lot to now?
"The lot is beautiful, however, the well drillers wife says there's no water on it."
Nothing says we Have to disclose it, probably by law for the seller should not disclose it. Thinking further down the road... Folks buy the lot, later call for the well, and the well drillers wife says, Oh Yeah, I already witched that one with the broker. We told here there wasn't any water there! Her people didn't buy it because of that. I find even if people don't believe in witchers, if it's negative news, they would tend to think there's something to it.
Thinking on it further writing this, should probably warn sellers of the consequences of a negative report. They may not be agreeable to such a thing taking a chance of tainting their lot.
What would happen if you got another witcher who could give a positive review of the lot for your seller? Then you can educate prospective buyers using the other lot you mentioned as an example (one opinion yes, one opinion no), as well as your current listing.
The thought that is going through my mind: is the witching wife licensed in the state of New Mexico? How would a court view her opinion if your seller finds out about a sale that falls through because of your sharing her findings?
Isn't there a more, ummm, scientific method of determining the presence of water? Some kind of geological survey or something? As a buyer I would be more inclined to base my decision on something slightly more technical. And I am sure I would want that kind of survey done prior to closing.
Oh, Evey, you flatlander you. Trust me, there are people who really believe in this and there are people who I have seen been able to tell you exactly where to drill or where a buried water pipe/tank is with nothing and I mean nothing giving any indication.
So. Since it's an accepted type of practice in your area, you have to disclose because it negatively effects the value of the property. What I would do is get another 'witchers' report and leave it up to the buyer to make the decision.
Following the thinking that you have to disclose what a witcher says wouldn't you also have to disclose if a psychic came and said something negative about the property? Witching, while it may or may not work is not accepted science by any means and I personally wouldn't allow one on a property if it could "sour" future deals.
We have those here as well since our water can go from 30 feet to over 300 feet (or none at all) and move anywhere around the lot. I would try and find a hydrologists report on the area and rely on that since if you are taken to court THAT is what will be used for evidence, not some witcher. Could you imagine putting that person on the stand? The investigation of the divining rods?
I'm chuckling just thinking about the questions that would be asked and the probable answers...
Since when does superstition and "wive's tales" become a business practice.
It already has in some places. I posted about this, oh maybe a few weeks ago. When we sold our house in SoCal, the latest disclosure form asked if our house was haunted. In my book that fits right in the superstition and "wive's tales" catagories, but we still had to disclose whether we believed in such a thing or not.
I don't believe in any of this...dowsers, ghosts etc. However, the (legal) issue (I'm not an attorney, as I never tire of saying) MIGHT be whether the thing to be disclosed (the dowser's opinion, for instance) might, if commonly known, create a stigma. And that's an entirely different question - and one we skeptics should pay attention to, no?
What does the attorney on retainer with you state association of Realtors say, Keeperk?
Since when does superstition and "wive's tales" become a business practice. What if the say UFO's visit the site regularly?
In some states, you do have to disclose to a potential buyer if the sellers think the house is haunted, which very much fits with superstitions.
I must be a flatlander too. I've NEVER heard of a "water witcher". But, since it sounds like "geographical custom" to have your land witched for water in your area, then I would say get a second opinion and provide both opinions to any potential buyer.
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Trust me, there are people who really believe in this and there are people who I have seen been able to tell you exactly where to drill or where a buried water pipe/tank is with nothing and I mean nothing giving any indication.
