Q: I am closing on a house purchase Oct 31, I discovered on Friday Oct 26th that the water well is contaminated.
This after the realtor stated all was good with the well. The seller is pursuing their right to cure and I am told I must close on Oct 31st no matter what. I don't feel this is right. What are my options
A: If your contract that you signed was appropriately modified to protect you from having to close with such an issue, then you should not close until everything is properly rectified.
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A: Assuming that you have a well water testing contingency and you properly and timely objected to a well water test - and assuming that the Seller has a right to cure, then Seller may timely and properly exercise Seller's right to cure. However, Seller would be required to cure prior to closing. You indicate that closing is scheduled 10/31 - the offer would usually state that time is of the essence - so if Seller is unable to cure by closing then the Seller would be in breach. For instance, if the problem is coliform bacteria and Seller is having the well shocked - then the well has to be re-tested and that process of shocking, allowing the well to absorb the treatment and re-test takes some time to complete. If Seller cannot complete this process before 10/31 then you may not be obligated to close on 10/31 and possibly have no obligation to close at all. I recommend that you have a Wisconsin real estate attorney review the offer and the relevant facts so that you may obtain an accurate opinion on your rights under the terms of this Offer.
1 user found this answer helpful
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