Expert: Karyn Foley - 8/4/2006

Question
We are in the process of closing on a home my husband signed a contract and there is nothing stated in the contract about the well or water. We inspected the water and found that it has contamination. There is an old existing filtration system in the home that is not hooked up.  Is it the sellers responsibility to hook up the system and make sure it is properly functioning and inspect the water to make sure it is drinkable?  and if the water does not meet standards is it his responsibility to put in a new filtering system before I purchase the home.  
If we need a new well (is 30 years old) as well as a new filtering system is it the sellers responsibilty to have this in place before we go to settlement?  

Answer
Dear Dawn:
 I am sorry you have this problem, but I share your concern because this is a health and safety issue.
 Not having your contract, I can only hope that you are within your contingency periods.  Your contract probably states that you have the right to back out or try to work it out with your sellers.  Your agents should assist you, if not, call their office manager or office owner.  Your state may also mandate a disclosure statement from the seller where the seller has to disclose everything that is a problem like this that the seller knows about.  If the seller refuses to pay for all of it, you should consider a cooperative agreement.  If this does not work, your contingency period, if still in effect, can allow you to back out.  I feel that this issue is a material fact, and should be not disclosed in writing, added to a disclosure statement, and you should be able to back out without problems.  A material fact is a fact that could have influenced you not to have bought this property initially had you known about it.  As I am not an attorney, I cannot give you legal advice.  But, depending on if you can or cannot work out something reasonable with all parties, you might strongly consider calling a real estate attorney and being told your legal rights and options.  It is certainly wish a visit to for you to receive objective advice and diretion.  Did you sign the contract or now?  If this is your money as well as your husband's money, if you are going on title, and if this is a community property state, your signature may very well be necessary in order for this contract to be legal.  Please look into this, it could be important.  You need a careful and objective review of your contract to see whose responsibility is what and how.  If this is a gray area, cooperation is the first step, a legal support system is next.  Good luck on this.  Please let me know how it progresses and if you have any more questions along the way.  KARYN FOLEY