Do I Need a Well Water Test When Buying a Home in New Brunswick?

If you are buying a rural home with a drilled or dug well, the water is part of what you are buying. Unlike a municipal supply, nobody tests it for you, and problems like arsenic cannot be seen, smelled or tasted.

Whether you need a test depends mostly on what your offer says. This article explains what to test for and how to build a condition into the deal.

This article covers the law of New Brunswick.

Is a water test required?

A water test is generally a matter of your contract. The agreement of purchase and sale controls what conditions apply, so a test happens only if you include a condition for it. What your options are if the water turns out to be unsafe after closing depends on your situation, so it is worth confirming with your agent and lawyer before you submit an offer.

What the test should cover

Provincial guidance recommends testing for bacteria (total coliforms and E. coli) twice a year. It recommends testing for inorganic compounds, including arsenic, uranium, fluoride and nitrate, when a well is first drilled, before drinking the water, and every two years. For a home you are about to buy, the practical reading is to test for both groups before you commit.

Arsenic has a Maximum Acceptable Concentration of 0.01 mg/L in drinking water, and it can only be detected by laboratory testing. If it is detected, a second test is advised.

• Bacteria: total coliforms and E. coli.
• Inorganic compounds: arsenic, uranium, fluoride and nitrate.
• Flow and quantity: ask a qualified well professional whether the well delivers enough water for your household.
• Treatment equipment: ask what filters or treatment systems are installed and how old they are.

Where and how to test

Test kits are available from Service New Brunswick offices or RPC Analytical Services in Fredericton and Moncton, and you should use an ISO 17025 accredited lab. Follow the collection instructions closely, since a poorly collected sample can give misleading results.

Timing matters. Arrange the sample early in your condition period so that the lab has time to report. If the first result is a concern, you may need time for a second test, which is advised when arsenic is detected.

Making your offer conditional

What a condition lets you do if the results are not acceptable depends on how it is worded in your agreement, so it is worth confirming with a lawyer. Your lawyer or agent can help with wording, but a good condition usually covers these points:

• Which tests are to be done and by what type of lab.
• How many days you have to complete the testing and give notice.
• What counts as an unacceptable result.
• What happens next: you may cancel, the seller may fix the problem, or the price may be adjusted.
• Access for the sample collection before closing.

If the deal ends over a failed condition, the fate of your deposit depends mainly on the wording of the agreement. A real estate agent who receives a deposit must hold it as trustee for all parties according to their rights under the offer or contract, not as agent for one party. The exception is that an agent may act for one party and receive the deposit for that party only if the offer or contract says so and every other party acknowledges it in writing. Money cannot be drawn from the trust account except in accordance with the terms on which it was received, so a brokerage cannot simply release a disputed deposit to one side. If the parties dispute it, the agent may, and if necessary to resolve the dispute shall, pay the deposit into court on an interpleader.

What to do next

• Talk to your agent about adding a water testing condition before you submit the offer.
• Order a test kit and choose an accredited lab in advance.
• Ask the seller for past water test results and details on any treatment system.
• Have a lawyer review the condition wording and what happens to your deposit if it is not met.
• If results are poor, get advice before waiving the condition.

Frequently asked questions