Private well testing has been a legal part of NJ real estate sales since 2002. The Private Well Testing Act decrees a minimum testing requirement for potable water samples taken from private wells prior to the closing of a title. The Act also states that, when property with certain types of drinking water wells is leased, the well water must be tested for contaminants. The results of the water testing must be reviewed by both the buyer and seller, or in the case of a leased property, by the lessee.
The NJ REALTOR® Standard Form of Real Estate contract has been updated to deal with this provision.
A state income tax deduction of up to $500 for homeowners testing their private well water supply once every five years was enacted in 2010. NJ REALTORS® supported this legislation, as it makes it easier for homeowners who must test their wells prior to the sale of the home.