Potable water disclosure

[sunsprit]

Originally Posted by 2bindenver

There are two places for source of water disclosures in Colorado contracts - The Seller's Property Disclosure (Section J Item #6) OR the Source of Water Disclosure.

You should have had the option to test the water before your Inspection Objection Deadline.

Call water testing companies in Evergreen. I have never heard that it would cost that much to shock a well.

If I'm interpreting your approach to this listing correctly, your position is that it's the buyer's responsibility to be pro-active about exercising their "option to test the water before your Inspection Objection Deadline".

IMO, this is placing the burden of health issues regarding a house on a well system upon the buyer.

As we both know, most buyers aren't so knowledgeable about all the potential problems with a residence and most of them wouldn't know to raise the issue.

That's why you, as a professional in the biz, are held to a higher standard of knowing or "should have known" about possible problems with a residential property.

And I, even as a reasonably knowledgeable buyer in the Colorado marketplace, would look to you to be pro-active in accurately representing what you had for sale. Even if the seller didn't behave ethically or honestly, or from pure ignorance ... you have that legal, ethical responsibility to perform professionally for your clients.

Colorado law sees it that way, too, and the avenues for a buyer to seek repairs, mitigation, or damages are readily accessible to someone who has been so clearly damaged in a transaction.



I agree that it shouldn't cost that much to "shock a well", but there may be other chemical contamination issues beyond fecal contamination/bacteria in this OP's thread. What would really help in this thread is if the OP posted the well water quality report. Personally, I've seen wells that were drilled "too close" per code to leech fields that tested badly and would always repeat the contamination problem over time ... and others similarly drilled that never had an issue. Much depends upon the sub-surface strata and Colorado is well known for being a difficult area to predict the below surface flows.

[2bindenver]

I am stating where to find the correct information. Since OP referenced a blank Section 6 - maybe all the information was in a "Source of Water Addendum to the Contract to Buy Sell."

I wasn't involved in this transaction.

[little pink]

Toxic Suburbia: Fantastic Rocky Flats vistas, plutonium breezes | The Colorado Independent

I cannot believe that the sellers did not disclose this ? And the kids have been drinking this water ? How do these people sleep at night ?

[eatsDEN]

I don't think the new development is on well water - even for livestock and irrigation uses...

[BeesBeesBees]

Just seeing where this thread when to;
My family and I are in a similar position. The sellers didn't disclose the well wasn't potable or that there were unpermitted structures on the property. We purchased the house and learned shortly after that the water was bad; very bad. There is a part of me that thinks that the previous owners just didn't know how bad the water was, but they were not drinking the well water. They had bottles delivered to the house. That should have told us something, but we just thought that they preferred the taste. Additionally, during inspection, our relator suggested we use a specific water testing company but he only ordered a bacterial and flow test.

We're trying to figure out who should have caught the fact that the test wasn't adequate. The agents, the testing company, the seller, us..?
The sellers aren't being very open to talking and feel like we had every opportunity to resolve this issue before closing.


I'd love to here some good news about how this was resolved.

[DougStark]

[quote=BeesBeesBees;55540566]Just seeing where this thread when to;
My family and I are in a similar position. The sellers didn't disclose the well wasn't potable or that there were unpermitted structures on the property. We purchased the house and learned shortly after that the water was bad; very bad. There is a part of me that thinks that the previous owners just didn't know how bad the water was, but they were not drinking the well water. They had bottles delivered to the house. That should have told us something, but we just thought that they preferred the taste. Additionally, during inspection, our relator suggested we use a specific water testing company but he only ordered a bacterial and flow test.

We're trying to figure out who should have caught the fact that the test wasn't adequate. The agents, the testing company, the seller, us..?
The sellers aren't being very open to talking and feel like we had every opportunity to resolve this issue before closing.


I'd love to here some good news about how this was resolved.[/QUOTE

So I assume you have no public water source nearby? or if it is nearby, it will cost thousands to connect to it? Wow, I feel for ya.

So the bacteria levels from the tests were off the chart high? I would also have nitrate/nitrite tested, TDS level, radioactive levels, and all of the inorganic contaminants listed under the Safe Drinking Water Act (not crazy expensive tests.) I'd test for arsenic too.

As for the bacteria/ fecal coliform levels, I'd contact a reputable well contractor to sanitize your well (they usually pour bleach in the well and circulate it to disinfect all the piping, etc.)