Iowa House Bill HF261

Iowa 2023-2024 Regular Session

• Introduced: 2/13/23
• Refer: 2/13/23

Caption

A bill for an act relating to the disclosure of private well water testing prior to the transfer of real property.

Impact

The introduction of HF261 is expected to have significant implications for property transactions involving private wells. By requiring sellers to disclose testing results, the bill seeks to protect public health by ensuring that buyers are aware of any potential water quality issues that could pose health risks. This measure not only safeguards the interests of buyers but also promotes accountability among sellers. The bill could potentially lead to increased demand for water testing services, which would impact local businesses involved in water quality testing.

Summary

House File 261 (HF261) proposes an amendment to the existing code governing the disclosure requirements for real property transactions in Iowa. Specifically, the bill mandates that sellers of properties served by private wells must disclose whether the well has been tested for harmful contaminants within the twelve months prior to the property transfer. This is aimed at enhancing transparency in real estate transactions and ensuring that potential buyers are informed about the quality of drinking water sourced from private wells.

Contention

While HF261 is designed to improve health safety and regulatory oversight regarding private well water, discussions surrounding the bill may reveal underlying points of contention. Some stakeholders may argue that mandatory testing and disclosure could impose additional financial burdens on sellers, particularly those who may not have previously considered water quality an issue. There may also be concerns about the adequacy of testing procedures and the interpretation of results, raising questions about the potential for disputes between buyers and sellers related to the adequacy of disclosures made under this new requirement.