Q: If I test my well water and it shows reportable levels of PFAS, do I need to disclose during a sale?
I may be joining a class action suit against mfrs. due to links between this material and ulcerative colitis but don’t want to jeopardize selling my home down the road.
A:
Michigan law requires disclosure of all 'relevant' information, and indeed, the 'sellers disclosure statement' talks about water tests for private wells and septic systems and requires disclosure. If you report 'no tests' then the buyer can (and should and if they are at all savvy will!) require a test as a condition of sale, and you'll have to 'deal with' the problem then on an emergency basis rather than having time to work to resolve things before you're selling.
Get the test done. It may well reveal you do not have an issue, and hey -- good for you!
If it DOES reveal a problem, you have time to both deal with the issue (is there a municipal system close enough? Can you filter things? Can you at least stop poisoning yourself!?) and figure out what you can do long term to address the issue. If you join a 'class action' suit you will need to prove you are part of the class and that would entail the test anyway so you may HAVE to do the test.
Don't think you can just 'play dumb' and get away with it. I had a case a few years back where a homeowner failed to disclose the county drain ran UNDER the corner of their home and the home was starting to subside because of it. They tried to feign 'I didn't know' but they had been to the township to contest their tax valuation BECAUSE they claimed the house was without value since the drain ran under it and that was public record! The realtor -- who was related to the seller -- tried to feign ignorance too but when I asked at deposition 'your sister (they had different last names but this was in a small town!) didn't talk to you about this at any point?' the realtor's attorney asked for a few minutes to talk to his client and they promptly settled the case. That netted the buyers a cool $150k which was the cost to move the drain and mitigate the settling damage and pay my attorneys fees (on a $225k sale). Don't put yourself into such a position by trying to 'play dumb' -- 'buyer beware' has limits.
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