HB 3526
Establishes a cause of action for a buyer in a real estate transaction if the seller fails to provide the results of required well tests.
Jurisdiction
Oregon
Session
2025 Regular Session
Committee
Agriculture, Land Use, Natural Resources, and Water
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Sign in to take actionPublic sentiment
Support
55%
Oppose
45%
- Introduced
- Passed House
- Passed Senate
- To Governor
- Became Law
Bill overview
This bill establishes a legal right for buyers in real estate transactions to sue sellers if the seller fails to provide well test results. It requires sellers to submit well test results to the Department of Environmental Quality and modifies the property disclosure statement to include questions about well testing. The bill also aims to ensure transparency regarding potential contaminants in well water.
Key provisions
- Establishes a cause of action for buyers against sellers who don't provide well test results.
- Requires sellers to submit well test results to the Department of Environmental Quality.
- Modifies the property disclosure statement to include questions about well testing.
- Defines ‘exempt wells’ for this purpose.
- Sets a five-year statute of limitations for bringing a claim.
- Clarifies that failure to provide results doesn't invalidate the sale agreement.
- Requires sellers to test exempt wells for arsenic, nitrates, and total coliform bacteria.
- Allows the Department of Environmental Quality to require additional tests based on public health concerns.
Who is affected
- Buyers of real estate
- Sellers of real estate
- Department of Environmental Quality
- Real estate agents
- Homeowners with wells
Notable changes
- Creates a new legal cause of action for buyers regarding well test results.
Sponsors
Official sponsors from legislative records.
Primary sponsors
Cosponsors
James Manning Jr.
Arguments in favor
Reasons to support this legislation.
Supporters of House Bill 3526 agree that the bill is crucial for protecting Oregon's homebuyers from potentially hazardous drinking water. They argue that requiring sellers of properties relying on wells for domestic use to test the well and share the results with prospective buyers would provide essential clarity and certainty in the homebuying process, enabling informed decision-making about water safety. By strengthening protections for homebuyers and promoting transparency, supporters believe HB 3526 will improve the management of domestic well water health and promote accountability, ultimately benefiting Oregon's residents who rely on wells for their drinking water.
Source: Testimony Summaries
Arguments opposed
Reasons to oppose this legislation.
the need for stricter regulations on domestic well testing, citing concerns over arsenic, nitrates, and total coliform bacteria contamination. They argue that current state requirements are insufficient, particularly in light of the Oregon Health Authority's Domestic Well Safety Program facing potential funding cuts due to federal lack of support. Many believe that existing contractual obligations among sellers and buyers already address well testing, rendering a new cause of action unnecessary. Furthermore, some testifiers contend that outdated legislation, such as the 1989 Domestic Well Testing Act, fails to adequately account for modern pollutants and necessitates revision to ensure safe drinking water; however, they argue that HB 3526 does not provide sufficient protections against these contaminants.