Shared Water Well and Builder Deposit

[dpm1009]

My question involves a consumer law issue in the State of: North Carolina

I have contracted with a builder in western North Carolina to have a home built on 3 acres. During home design, lot selection and final contract there was never a mention of a shared water well system being used to supply water to my home. In fact, the only verbage in my contract pertaining to water is that the builder will obtain a "Private Drinking Water Well" permit. He has drilled once on my lot for water (800+feet) only after the home was under roof and septic installed, because of this he is restricted to where he can drill for water. After not finding water he drilled on the lot acroos from mine which is also under construction on the second attempt on this lot he found water at a mountainous distance of 500ft from my home. He then came to me wanting me to accept a shared water well. Which is not what I want and would have never had signed the contract had a shared system been mentoned. The builder will not drill again on my lot unless I sign an agreement that he will try one more time only up to 500ft and if no water found I must accept the shared well system. Further, if I will not accept he wants me to forfeit my deposit.

My questions are: 1) does the term "private" mean a well on my property. 2) can the builder hold my deposit

Any experiences or advice would be greatly appreciated

[jk]

dpm1009;633583]) does the term "private" mean a well on my property.

I would believe he will argue it means: as opposed to municipal water

2) can the builder hold my deposit

well, the water issue is not his fault, right?

Any experiences or advice would be greatly appreciated

to start with, I would find the most experienced driller in the area. A guy that has drilled as close to your area as possible. Talk with them about where there is water. They often know more about the aquifers below than anybody. He may be able to give you some insight into the chances of water being found on your land.



does your contract say anything about the proposed depth of the well?

How deep is the well across the street?

If he didn't hit water at 800 feet on your lot, it is not all that likely he will hit it at 500 feet on your lot.