New Jersey Real Estate Attorneys
Since 2002, New Jersey law has mandated under the Private Well Testing Act (N.J.S.A. 58:12A-26) that certain types of properties being sold or leased with private wells must be tested for contaminants. The water test results must be reviewed by both the buyer and seller (or lessee in the case of a leased property).
Water testing is required for:
- The sale of any property that obtains its drinking water from a private well on the property
- The sale of any property that gets its drinking water from a well that has less than 15 service connections or that does not regularly serve an average of at least 25 people daily at least 60 days out of each year
- The leasing of any property that obtains its drinking water from a private well that isn’t required to be tested under any other state law
Every contract of sale executed after September 14, 2002 is required to meet the water testing requirements. A closing on property may not occur until the buyer and seller have both reviewed a copy of the results.
Leased properties must be tested at least once every five years since the requirement was enacted by statute on March 14, 2004. Each property leased must include a provision requiring testing as a contractual condition. The most recent copies of the test results must be provided each time a rental property is leased.
If you have questions or concerns regarding the New Jersey Private Well Testing Act, contact an experienced real estate attorney. Hunziker, Champion, Romer & Miller provides consultations to those who are in the process of purchasing or leasing real estate. Call (973) 256-0456 or fill out our contact form for a consultation.
