Relative to well water disclosures
If enacted, this legislation would amend Chapter 111 of the General Laws to include a new section dedicated to the notification protocol regarding well water quality, specifically focusing on 1,4 Dioxane. This amendment could significantly impact both sellers and real estate professionals, who would now be legally obligated to provide essential health information regarding drinking water safety. The bill's intent is not only to protect buyers but also to encourage sellers to be more transparent about the condition of the water supplied to the premises, thus promoting public health and safety.
House Bill 2274, presented by Todd M. Smola, aims to enhance the disclosures regarding the presence of 1,4 Dioxane in well water for prospective purchasers of residential properties in Massachusetts. The bill mandates that sellers and real estate agents inform potential buyers about the hazards associated with this chemical in well water before signing any purchase agreements. This includes providing a standardized notification form that outlines the risks and available testing options for detecting 1,4 Dioxane concentrations in the water supply.
Notably, the bill seeks to eliminate ambiguity in the disclosure process, which has previously allowed some sellers to withhold information about water contamination. However, there may be contention surrounding the implementation, particularly regarding how rigorously the requirements will be enforced and the penalties for non-compliance. Sellers who fail to provide necessary notifications face potential liability for damages and a fine not exceeding $1,000. The bill may provoke discussions around the balance between regulatory measures for public safety and the property rights of sellers.