When in the real estate sales process does testing have to happen? When the contract is signed? At the closing? What about rentals?

  • Every contract of sale for a property subject to the Act must include a provision requiring the testing as a condition of the sale.
  • A closing of the title of sale on a real property that is subject to the Act may not occur unless both the buyer and seller have received and reviewed a copy of the water test results, and have signed a paper certifying that they have received and reviewed a copy of the results.
  • Every time a rental property subject to the Act is leased, a written copy of the most recent test results must be given to the lessee.