Who is responsible for water well problems

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Who is responsible for water well problems

My husband is a contractor.We built a
house in a subdivision that doesnt
have city water.We had a well
drilled.We moved into this house and
lived in it about 6 months.During this
time the water from the Well was murky
cloudy .We was told it was a new well
and would eventually clear up.After
living there six months we sold the
house.New owners have lived there 9
months and they now want a new well
drilled or a 5000 dollar filter system
installed.There was a inspection done
on the house before they purchased
but the way I understand the well was
not tested.Who is reasonable and for

Asked on January 10, 2019 under Real Estate Law, Tennessee


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends on whether you disclosed the issue to the buyer or not. If you told the buyer that the water was murky and cloudy--even if you also told them that it was your understanding that this would clear up in time--then you discharged your obligation to inform him of a potential issue known to you; having done that, you would have not liability and the buyer wants a new well or filter syste, it is his court. 
But since there is a legal obligation to disclose known actual or potential issues, if you failed to do so, you likely technically committed fraud (even if you had no actual bad intent) and would be liable for the cost. If you don't pay, he could sue you with a good chance of success.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption