Common use of Water Service Clause in Contracts

Water Service. If the Buyer does wish to obtain an inspection of the water system, the Buyer should initial “Elected.” If the Buyer does not wish to inspect the water system, the Buyer should initial “Waived.” Note: The language of the paragraph does not limit inspections to non-public water service (xxxxx). The Buyers might wish to check the “quality and/or quantity of the water system” with a public water system, in order to check the flow rate and quality of the water, just as they would with a well. If the Buyer elects to do an inspection of public water, both parties will need to keep in mind that it is unlikely the Seller can perform any repairs and corrections on the system. The Seller agrees to provide access to any on-site water system (e.g., the well), and to restore the Property before settlement. Practice Tip: Having the Seller “provide access” to the water system may mean more than simply opening the gate and pointing an inspector towards the well. Other measures may also be necessary to “provide access,” (for example, clearing brush or digging to uncover elements of the system that may be underground). The Seller also agrees to return the Property to its prior condition. If the Seller is aware that any additional expenses may be necessary to provide access to the water system and/or to restore the Property after testing, these expenses should be calculated into the process or negotiated separately. The Agreement does not set out a particular standard for judging the results of water quality tests. The Buyers may look to municipal requirements where they exist, or to requirements provided by lenders. Testing companies may also provide suggested limits on certain contaminants that the Buyer can use to judge the test results. If the Buyer wants to know what the water test includes, the Buyer should call the water testing company when arrangements are made for testing. Having the Buyer participate in the selection of the type of tests to be performed can reduce the potential liability of Brokers and/or Licensees. Remember as well that this contingency can be used to test the physical soundness of the well and its systems, not just the quality and quantity of the water. The Buyers with concerns about the structural integrity of the well system should discuss with the testing company whether they provide those services, or find a separate company to test those items if desired.

Water Service. If the Buyer does wish to obtain an inspection of the water system, the Buyer should initial “Elected.” If the Buyer does not wish to inspect the water system, the Buyer should initial “Waived.” If the Buyer does wish to obtain an inspection of the system, initial “Elected.” Note: The language of the paragraph does not limit inspections to non-public water service (xxxxx). The Buyers might wish to check the “quality and/or quantity of the water system” with a public water system, in order to check the flow rate and quality of the water, just as they would with a well. If the Buyer elects to do an inspection of public water, both parties will need to keep in mind that it is unlikely the Seller can perform any repairs and corrections on the system. The Seller agrees to provide access to any on-site water system (e.g., the well), and to restore the Property before settlement. Practice Tip: Having the Seller “provide access” to the water system may mean more than simply opening the gate and pointing an inspector towards the well. Other measures may also be necessary to “provide access,” (for example, clearing brush or digging to uncover elements of the system that may be underground). The Seller also agrees to return the Property to its prior condition. If the Seller is aware that any additional expenses may be necessary to provide access to the water system and/or to restore the Property after testing, these expenses should be calculated into the process or negotiated separately. The Agreement does not set out a particular standard for judging the results of water quality tests. The Buyers may look to municipal requirements where they exist, or to requirements provided by lenders. Testing companies may also provide suggested limits on certain contaminants that the Buyer can use to judge the test results. If the Buyer wants to know what the water test includes, the Buyer should call ask the water testing company when arrangements are made for testing. Having the Buyer participate in the selection of the type of tests to be performed can reduce the potential liability of Brokers and/or Licenseeslicensees. Remember as well that this contingency can be used to test the physical soundness of the well and its systems, not just the quality and quantity of the water. The Buyers with concerns about the structural integrity of the well system should discuss with the testing company whether they provide those services, or find a separate company to test those items if desired.