Groundwater source testing; disclosure of informational material

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§ 616. Groundwater source testing; disclosure of informational material

(a) Disclosure of potable water supply informational material. For a contract for the conveyance of real property with a potable water supply, as that term is defined in 10 V.S.A. § 1972(6), that is not served by a public water system, as that term is defined in 10 V.S.A. § 1671(5), executed on or after January 1, 2013, the seller shall, within 72 hours of the execution, provide the buyer with informational materials developed by the  department  of health regarding:

(1) the potential health effects of the consumption of contaminated groundwater; and

(2) the availability of test kits provided by the department of health.

(b) Marketability of title. Noncompliance with the requirements of this section shall not affect the marketability of title of a property.

(c) Penalty; liability. Liability for failure to provide the informational materials required by this section shall be limited to a civil penalty, imposed by the department of health under 18 V.S.A. chapter 3, of no less than $25.00 and no more than $250.00 for each violation. (Added 2011, No. 163 (Adj. Sess.), § 4, eff. Jan. 1, 2013.)


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