We recently purchased a home and had a house inspection done. When our real estate agent asked us if we wanted a water volume test done we declined as we had just finished looking at a disclosure from the sellers stating that they knew of no problems with the well. (If we only knew then...)

Within two weeks of moving in we had run out of water twice, and had the water volume test. The results were .24 GPM. Up to 2 GPM is considered a dry well. We contacted our agent who told us she would contact the sellers agent and get back to us. I wonder if there is a solution, if we should be getting a lawyer, or if this is a VERY expensive mistake on our behalf for not having the water volumn test... Any insight is appreciated :0)

You need to contact a litigating lawyer who specializes in rural property, not just any real estate lawyer, as soon as possible, in order to determine your rights. Do not rely on advice from your REALTOR alone at this time. The root cause of action may be in the disclosure made by the Seller, as well as the documentation of items in your contract. Real estate is local. I am in Ontario. But common sense advice above still prevails in your situation. Best of luck.

Carolyne ~ 905-458-6711

President and Broker of Record

Carolyne Realty Corp. Real Estate Brokerage

http://www.Carolyne.com


Small Company but we're BIG in Brampton where it's the LITTLE things that count and our reputation is on the SOLD sign. "REAL ESTATE . . . understood"
(Read Carolyne's Clients Speak at the web site)
Carolyne has been representing Brampton homeowners for more than 25 years

Carolyne Realty Corp. (incorp. 1991)

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Dry Well: If you live in a rural area your choice of litigation lawyers may be limited, but ,as has already been suggested, is the type of lawyer you should have representing you.

Your lawyer may suggest that an expert on problems such as yours be retained , in order to obtain a written report containing a) the full extent of your problem, b) the recommended remedy, if any, and c) a written estimate of the costs involved, bearing in mind that experts make good witnesses.

Your lawyer, after having reviewed all documentation in connection with your real estate transaction, together with a review of the experts report, and what costs you have incurred todate and a good idea as to what further costs you are likely to incur before the issue is resolved,will advise you accordingly together with all legal options open to you and the issues and cost involved to pursue further legal action and your chance of success and which parties he would name as defendants and seek damages in an amount he feels could be justified.

Your lawyer, will likely advise you that the agent involved in your real estate transaction, was prior to drafting the Agreement of Purchase and Sale, required to disclose to you in writing, explaining the various types of relationship options available to you, if they had not already done so, in order that you could make an informed decision with respect to the type relationship, if any, you wished to enter and he will wish to confirm that this was done.

Your lawyer, will also express an interested in determining whether your relationship with the agent was a fiduciary relationship , and if it was, did the agent in fact, fulfill all of their fiduciary obligations and duty to you, as required by law.

Your lawyer, will most likely inform you, that if you knowingly, executed and entered into a
non-fiduciary relationship, meaning either a customer representation relationship or a consensual multiple representation relationship, then you were without representation in the transaction and that essentially you were deemed to be self-represented.

Your lawyer, will also most likely draw your attention to the fact, that because there are so few firms operating locally with a tanker truck capable of delivering large quantities of water, that he should be able will obtain copies of their delivery records indicating both the number and frequency of all deliveries of water made to the previous owner and the property in question.

In the event that, there was irrefutable evidence of frequent water deliveries, and should the previous owner on examination in pre-trial discovery, chose to claim that “to the best of his knowledge” at the time he executed the “Seller Property Disclosure Statement” he was unaware of any problems, would most certainly undermine his credibility, and could lead to an out-of-court settlement.