By SCWS Team
Published February 17, 2026 · 8 min read
Buying or selling a California property with a private well involves specific disclosure obligations. Understanding these requirements protects both parties and helps transactions proceed smoothly. Here's what California law requires.
⚠️ Disclaimer: This article provides general information about California disclosure requirements. It is not legal advice. Consult a California real estate attorney for specific situations.
California's Disclosure Framework
California requires sellers to disclose "known material facts" affecting property value or desirability. For private wells, this means disclosing known issues with water quality, quantity, equipment, or legal matters (like shared well agreements).
The key word is "known." Sellers must disclose what they actually know but are not required to investigate or test to discover unknown problems. This is why buyer-initiated inspections are so important.
Required Disclosure Forms
Transfer Disclosure Statement (TDS)
The TDS is required for most residential sales. It asks about water supply, including:
- Source of drinking water (well, city, etc.)
- Known problems with water supply
- Shared well arrangements
- Water treatment systems
Seller Property Questionnaire (SPQ)
The SPQ asks more detailed questions about water systems, including pump age, recent repairs, water quality concerns, and yield issues. Not required by law but commonly used.
Natural Hazard Disclosure (NHD)
May apply if the well is in certain hazard zones. Groundwater contamination zones, flood zones, and certain environmental areas require specific disclosure.
What Specifically Must Be Disclosed
Sellers should disclose any known issues including:
- Water quality problems: Contamination, taste/odor issues, failed tests
- Quantity issues: Low yield, seasonal shortages, rationing
- Equipment problems: Failing pump, old equipment, recent repairs
- Shared well status: Any shared well agreement and its terms
- Legal issues: Easements, disputes, permit problems
- Treatment requirements: If treatment is required for safe use
Buyer Protections
Right to Inspect
Buyers have the right to conduct independent inspections during the inspection contingency period. This should include a professional well inspection and comprehensive water testing. Don't rely solely on seller disclosure—inspect everything.
Right to Documentation
Request all available well documentation: well completion report (well log), pump installation records, past water tests, maintenance records, and any shared well agreements.
Contingency Protection
Include well inspection and water quality contingencies in your purchase contract. This allows you to exit or renegotiate if inspections reveal problems.
Consequences of Non-Disclosure
Sellers who knowingly fail to disclose material facts may face:
- Contract rescission (deal unwound)
- Damages for repair costs
- Potential fraud claims
- Real estate license issues (for agents involved)
However, proving the seller "knew" about an undisclosed problem is often difficult. Your best protection is thorough independent inspection before purchase.
Frequently Asked Questions
What must sellers disclose about wells in California?
California requires sellers to disclose known material facts affecting property value or desirability. For wells, this includes: known water quality problems, yield issues, equipment failures, contamination, shared well arrangements, and any history of well problems. Disclosure happens through the Transfer Disclosure Statement (TDS) and potentially other forms.
Can I sue if the seller didn't disclose well problems?
Yes, if the seller knew about problems and failed to disclose them, you may have grounds for legal action. However, sellers are only required to disclose what they actually know—not problems they were genuinely unaware of. Proving the seller knew is often the challenge. An independent inspection before purchase is your best protection.
What forms address well disclosure in California real estate?
The Transfer Disclosure Statement (TDS) asks about water supply including wells. The Seller Property Questionnaire (SPQ) asks detailed questions about water systems. Natural Hazard Disclosures may apply if the well is in certain zones. Some transactions also use well-specific addenda. Your real estate agent should ensure all applicable forms are completed.
Are sellers required to provide a well inspection?
California does not require sellers to provide a well inspection or water test. Sellers must disclose what they know, but they're not required to investigate. As a buyer, you should always request (and pay for) independent well inspection and water testing as a condition of purchase. Don't rely solely on seller disclosure.
Need a Pre-Purchase Well Inspection?
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