FAQ: Is a Groundwater Disclosure Required for an Unused Water Well?

FAQ: Is a Groundwater Disclosure Required for an Unused Water Well?

The seller’s property only receives water from the city, but there is an old water well on the property that hasn’t been used in years. Must the seller provide the Seller’s Disclosure about Groundwater and Surface Water Rights (TXR 1425, TREC 61-0)?Yes. The contract states in Paragraph 7 that the seller must deliver the Seller’s Disclosure about Groundwater and Surface Water Rights (TXR 1425, TREC 61-0) to the buyer unless all of the conditions in 3(a)-(e) are true. Water wells, including those not in use, are addressed in subparagraph 3(a) and if the seller is aware of one, even if it has been abandoned, plugged, or capped, the seller must provide the new water disclosure form.