HF 3699 Summary

• Requires sellers to disclose in writing to buyers before signing a real property agreement all known wells on the property, including legal description, county, location map, and status (in use, not in use, or sealed).

• Mandates water analysis results for bacteria, nitrate, and arsenic from a certified laboratory within the previous six months for each well providing potable water to the property.

• Requires a well disclosure certificate at closing containing disclosure statement information, buyer name and address, and well location quartile, section, township, and range, signed by the seller or authorized agent.

• Allows buyers to sign the well disclosure certificate if sellers fail to provide one, based on information from the disclosure statement or other available sources.

• Establishes a $50 fee collected by county recorders for well disclosure certificates, with $42.50 per certificate transmitted to the commissioner of health quarterly, and certificates maintained for at least six years.