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Current as of January 01, 2022 | Updated by FindLaw Staff
(a) Every contract for the purchase and sale of real estate located in the state, and which is served by a private water supply (well), shall provide that potential purchasers shall be permitted a ten-day (10) period, unless the parties mutually agree upon a different period of time, to conduct the testing pursuant to department regulations required by § 23-1-5.3 before becoming obligated under the contract to purchase. The test results may be provided by the seller pursuant to the standards in the regulations.
(b) Failure to include the provision required in subsection (a) in the purchase and sale agreement for real estate does not create any defect in title.
(c) Failure to provide the results of any previous testing of a private water supply (well) servicing the property does not create any defect in title.
(d) Failure to include the purchase and sale agreement provision required in subsection (a); failure to provide previous testing results of a private water supply (well) servicing the property; or testing results that show a contaminant level or levels in excess of those established by department regulation pursuant to § 23-1-5.3 entitles the purchaser to void the purchase and sale agreement by providing notice, in writing, to the seller prior to the transfer of the title at the closing.
(e) The prospective buyer shall pay for the collection and analysis of the water samples and a qualified opinion relating to the portability of the water, unless otherwise agreed in writing.
Cite this article: FindLaw.com - Rhode Island General Laws Title 5. Businesses and Professions § 5-20.8-12. Private well testing requirement - last updated January 01, 2022 | https://codes.findlaw.com/ri/title-5-businesses-and-professions/ri-gen-laws-sect-5-20-8-12/
FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs.
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