Who is responsible for water well problems

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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
what?

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

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 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.


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