Arsenic in Well Water -- Should This Have Been Disclosed? (how much, installed)
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Refinancing the home we bought in 2011. Lender required a current test of the well water, and test turned up arsenic at a level higher than the EPA max limit. So we'll need to have a filtration system installed.
When we bought the place, the well water had been recently tested for e. Coli (and passed that test) but apparently not for anything else. We didn't know that there were other things that should be tested for.
Should the Realtor have known that the water should be tested also for arsenic and other things? Apparently arsenic in well water is not uncommon in the general area where we bought.
Also, in checking this out via the paperwork we received at closing and then doing some digging online, apparently we should have received a "Domestic Well/Water Seller's Property Disclosure Statement" within 5 days of closing, and we did not receive one. In all the things that needed to be done at closing and right after, we never noticed that we were supposed to receive this paperwork and didn't.
I would contact the board of realtors, suggest that I was interested in buying a new home but concerned about arsenic in the water, and ask what the requirements for reporting were. Depending on the response, I would pursue it from there or not.
@Pitt Chick: Re how much arsenic is present ... the EPA max allowable is .010 parts per million -- our water tested at .0451 parts per million. I don't know that we could prove the arsenic was present before 2011, but I think it's reasonable to assume that it was, because now that I'm looking into it I am finding that arsenic in well water is not uncommon for the area, and it apparently leaches out of the natural soil.
@harry chickpea: That's a good idea, contacting the board of realtors. I'll do that!
One more thing to consider: When you check with the board of realtors about the reporting requirements for arsenic in water, remember that the reporting requirements today may be different from the reporting requirements when you bought the house.
I am confused as to why you think the sellers knew. You didn't know for years, until someone required you test the water. I doubt you have any type of disclosure case.
@Pooks1976 -- I am not sure what the sellers knew, but since arsenic in well water is apparently an issue throughout that particular county (as I just have found out), it seems to me that the realtor should have known it was a strong possibility and should have required the seller to have the water tested for that and a fix done if the arsenic showed up. I don't know if this is something the realtor should have done or not, that's why I'm asking.
@WellShoneMoon -- Yep, I agree that the reporting requirements now may be different than when we bought the home.
@Pooks1976 -- I am not sure what the sellers knew, but since arsenic in well water is apparently an issue throughout that particular county (as I just have found out), it seems to me that the realtor should have known it was a strong possibility and should have required the seller to have the water tested for that and a fix done if the arsenic showed up. I don't know if this is something the realtor should have done or not, that's why I'm asking.
@WellShoneMoon -- Yep, I agree that the reporting requirements now may be different than when we bought the home.
A realtor with a very strong set of personal morals might have...an average realtor (particularly a seller's realtor) is going to follow the laws and requirements. If the E. Coli test was the only one needed, that would be the only one done. There is a certain amount of "buyer beware" when buying anything.
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