As of September 14, 2002, the Private Well Testing Act, N.J.S.A. 58:12A-26 goes into effect. This new requirement proposed by the N.J. Department of Environmental Protection imposes new obligations on landlords and raises new issues for purchasers, sellers and real estate counsel, dealing with property containing potable wells.

The Rules will require every contract of sale for subject real property to include a provision that mandates the testing of water in accordance with the Act. This Act will apply to real property containing an on-site private well that has less than 15 service connections or does not serve at least 25 persons per day for at least 60 days per year. The purchaser and seller will be prohibited from closing title unless both parties certify, in writing, that they have received and reviewed a copy of the test results.

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