Oregon law requires well water testing for properties with domestic wells undergoing a sale or exchange. This crucial regulation, outlined in the Oregon Revised Statute (ORS) 448.271, protects buyers and sellers by ensuring transparency about water quality. Let's dive into the specifics of this law and how it impacts your real estate transaction.
ORS 448.271: "Transfer of property that includes well; testing; effect. (1) In any transaction for the sale or exchange of real estate that includes a well that supplies ground water for domestic purposes, the seller of the real estate shall, upon accepting an offer to purchase that real estate, have the well tested for arsenic, nitrates and total coliform bacteria. The Oregon Health Authority also may, by rule, require additional tests for specific contaminants in specific areas of public health concern. The seller shall submit the results of the tests required under this section to the authority and to the buyer within 90 days of receiving the results of the tests. (2) The failure of a seller to comply with the provisions of this section does not invalidate an instrument of conveyance executed in the transaction. [1989 c.833 §30; 2009 c.284 §1; 2009 c.595 §855]"
The Seller's Responsibility
ORS 448.271 makes the seller responsible for testing the domestic well water upon accepting an offer to purchase the property. This test must analyze the water for three key contaminants:
Arsenic: A naturally occurring element that can cause serious health problems at high levels.
Nitrate: Primarily a concern in agricultural areas, high nitrate levels can pose health risks, especially for infants.
Total Coliform Bacteria: Indicates potential contamination from sewage or other harmful microbes.
The Oregon Health Authority (OHA) may require additional testing for specific contaminants in designated areas of public health concern.
Sharing the Results
Following the testing, the seller must submit the results within 90 days of receiving them to two parties:
The Oregon Health Authority (OHA): This ensures the state has a record of the water quality of the property.
The Buyer: Transparency about water quality empowers the buyer to make informed decisions about the property.
Exemptions to Well Water Testing
It's important to note that ORS 448.271 applies only to wells used for domestic purposes, such as drinking, cooking, and bathing. Here are some scenarios exempt from well water testing:
Capped Wells on Undeveloped Lots: Testing is not required if the well is not operational and the property is not developed.
Spring Fed Wells: Properties with natural springs used for domestic water are not subject to testing under this law.
Irrigation Wells: Wells solely used for irrigation are exempt from testing.
Peace of Mind Through Responsible Testing
ORS 448.271 safeguards buyers and sellers in real estate transactions involving domestic wells. Following this regulation allows all parties to navigate real estate transactions with greater peace of mind.
For sellers, it ensures transparency and protects them from potential future liabilities.
For buyers, it empowers them to make informed decisions about the property's water quality and potential health implications.
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(C) 2024 Jeff Sorg
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