Here is a response I received fro my councel to a similar problem only the level was 2.0.
You are correct that it is a moral issue, if you are certain that the water of
other homes in the development would have similarly high results. I assume
that your client did not purchase the house or, if he did, installed some
system to mitigate those high levels.
On the other hand, I do not believe that you have any legal obligation to
disclose your findings on the house that your client contracted to purchase.
You have no contractual relationship to those homeowners, so there would be no
basis upon which they would be able to hold you liable for failing to warn
them of your findings.
Still, it might be a good idea to do so.
Your realtor friend has an entirely different issue, especially if the
jurisdiction requires disclosure of known defects in a property.
I believe you will find that high nitrates would be determential to pregnant women.
Your local health department could provide more info for the purchaser about water quality and testing.
The local building department may have more information.
Contact the local Water Well Contractor, he may have a record of the well.
Purchasers should be told to consult Vendors prior to closing of title/escrow to ascertain age of well, location, depth, flow, recovery, who the well driller was if they know.
i collected the standard 2 vile required by the lab i use. one vile for general quality, and one with an added powder needed to measure the arsenic content. i think there about 2 oz. each.
that’s the funny part. i was called originaly to do the whole inspection, and my price was too high. then a week later they called my back for the water test because the first inspector had the seller collect the sample and run it to the lab. first one came back the same as mine.
"I believe you will find that high nitrates would be determential to pregnant women. "
Actually, high levels of nitrates and nitrites can be detrimental to newborns. It robs their blood of oxygen, resulting in what is known as “blue baby syndrome”.
Todlers, youths, and adults are immune from this effect.
See they should have paid more and got a better experienced inspector. Todays lesson… Charge more, make more, be seen to be more experienced and professional.
the realtor called me to tell me she was sorry for not recommending me in the first place. she thaught that the price didn’t matter, all inspectors do the same thing. i said, your right, but i do it better.:mrgreen: the selling agent was impressed too and will use me next month.
I inspected two different properties constructed by the same vendor/builder who has a notorious reputation. Each house had water wells which were not constructed properly. I pointed this out to my clients and made casual reference to the concerns in my report. They sought assurances from the vendor/builder on my advice to prove everything was legit. Well… it turns out those purchasers purchased those houses on the word of the vendor/builder as to the well. After the purchasers moved in they had the Ministry of the Environement come into inspect the wells. Guess what? The wells were condemned and the new owners had to drill new wells and pay to have the old well abandonment. $$$ Now the vendor is under investigation as is the listing broker. Not the first time either. Guess which agents have never called me. Who cares?
Currently involved in another matter where another contractor worked on the well and was not licenced to do so and screwed up big time. The well collapsed the wrong size pump, the MOE came out and condemned the well and owners had to have new well drilled. $$$
Currently in litigation.
Water quality is fast becoming a big concern if we inspect rule properties I think we should be aware of the issues that would affect the client. You cannot always depend on city agents to do that in rural settings. That is why I work with many clients from the big smoke. It is rewarding when you know something is wrong and you get a chance to correct or point it out.
