§ 5-20.8-12 - Private well testing requirement. - Rhode Island Statutes

SECTION 5-20.8-12

   § 5-20.8-12  Private well testingrequirement. – (a) Every contract for the purchase and sale of real estate located in thestate, and which is served by a private water supply (well), shall provide thatpotential purchasers shall be permitted a ten (10) day period, unless theparties mutually agree upon a different period of time, to conduct the testingpursuant to department regulations required by § 23-1-5.3 before becomingobligated under the contract to purchase. The test results may be provided bythe seller pursuant to the standards in the regulations.

   (b) Failure to include the provision required in subsection(a) of this section in the purchase and sale agreement for real estate does notcreate any defect in title.

   (c) Failure to provide the results of any previous testing ofa private water supply (well) servicing the property does not create any defectin title.

   (d) Failure to include the purchase and sale agreementprovision required in subsection (a) of this section; failure to provideprevious testing results of a private water supply (well) servicing theproperty; or testing results which show a contaminant level or levels in excessof those established by department regulation pursuant to § 23-1-5.3entitle the purchaser to void the purchase and sale agreement by providingnotice, in writing, to the seller prior to the transfer of the title at theclosing.

   (e) The prospective buyer shall pay for the collection andanalysis of the water samples and a qualified opinion relating to theportability of the water, unless otherwise agreed in writing.