Water Testing Contingency

**mick2012** · 08-02-2012, 10:52 PM

My situation involves a home that had 2 unsafe water test comeback 2 weeks before closing with the safe water test coming 3 days before closing to satisfy financing. The water test results were not reported to the buyer within the deadline outlined in the contract (seller breached performance in the contract). Due to the safe water test and the contingency being met, closing went through. 2 weeks after living in the home, buyer retested water and it came back unsafe, retested again - came back unsafe, well was bleached-retested-came back unsafe.

What recourse options are there due to the breach of contract now that it is after closing? What recourse options are there if the only safe test before closing was done not in line with requirements described in the breached contract ? (selling agent mistakenly described in detail the method in which he/not a plumber satisfied the safe water sample)

Did seller open the door for recourse by breaching contract or is this nullified after closing?

**lawaholic** · 08-03-2012, 12:08 AM

What state is this situation taking place in? Laws vary from state to state, so I don't know that anyone here could give you a straight, definitive answer without knowing where this happened.

**mick2012** · 08-03-2012, 12:22 AM

The situation is in Wisconsin.

**Mr. Knowitall** · 08-11-2012, 09:47 AM

You are stating that you, the buyer, obtained a contingency in your purchase agreement allowing you to test the quality of the well water, but either delayed in testing the water or hired a very slow service such that you did not have the test results prior to closing? And then you waived the contingency and closed? And then you found out, after-the-fact, that the well is bad?

If you waived the contingency, you cannot invoke it after-the-fact.

You may want to take the time to better explain what you mean by, "selling agent mistakenly described in detail the method in which he/not a plumber satisfied the safe water sample," and to relate what that has to do with your decision to proceed to closing before your test results were back.