05/04/2022 0 Comments
Well and Water Warranties
It is extremely important when buying a rural property that the appropriate warranties are granted from the Seller to the Buyer. The following clause best sums it up:
I/We _______________________, the Sellers in the transaction, hereby warrant to the Buyers with respect to the domestic water supply and domestic water supply system, that:
- The water supply is capable of supplying an adequate flow (a minimum five (5) gallons per minute);
- The water provided is potable on a year-round basis;
- The Seller is not aware of any contamination or impurities in the water;
- The Buyer will have a reasonable opportunity to enter on the property for purposes of obtaining water samples;
- The normal water tests will show either a reading or an acceptable reading as defined by the Ministry;
- There are no unsafe contaminants to a level deemed unacceptable under the Drinking Water Objectives;
- The water is completely clear, clean and free of any displeasing colour or smell;
- The pump, holding, pressure and distribution systems all perform adequately, have been properly maintained and repaired and will be in good operating condition on closing;
- The well is situated entirely within the limits of the subject property;
- The well services only the subject premises and is not a communal well; and
- The well is a dug or drilled well, not from a water source such as a river, spring lake, stream or other surface water.
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