Preparing known well and water-supply information for a buyer
Essential guidance for Illinois sellers preparing well and water-supply disclosures, ensuring compliance with state property laws and liability protection.
The short answer
In Illinois, sellers must disclose known material defects affecting the property, which includes the well and water supply. You have no legal mandate to perform new testing or inspections to complete your disclosure report. You are only responsible for disclosing issues of which you have actual knowledge, provided you act in good faith.
Identifying Known Water Supply Issues
Evaluate your history with the well system. Focus on documented incidents such as water quality alerts, significant pressure drops, or confirmed pump malfunctions. These constitute material facts that impact property value.
Worksheet: Create a timeline of any water-related issues experienced in the last five years. Include dates of any well service or water treatment equipment installations.
The Scope of Disclosure Obligations
The Residential Real Property Disclosure Act does not require you to become an expert in your well system. You are protected from liability if you provide information based on the reports of licensed professionals or public agencies.
Planning Example: If a local health department provided a past water quality report, keep that document with your disclosure records. Relying on professional data is a standard practice for maintaining compliance.
Distinguishing Maintenance from Defects
Regular maintenance, such as replacing a filter or standard pump servicing, is generally not a 'material defect.' However, a well that runs dry during seasonal usage is a significant concern that requires disclosure.
Planning Example: If you have a document from a professional service company showing the pump was repaired, you can note this in your file. This clarifies that you addressed a past issue rather than concealing a current failure.
Legal Protection and Professional Reliance
You are not liable for inaccuracies if you had no knowledge of the defect at the time of disclosure. If you are unsure about the state of your well, ask a licensed well professional to provide a written summary of its status.
Planning Example: Request a 'well status report' from a professional. If the report indicates the system is functioning within normal parameters, use this as a basis for your disclosure.
Checklist
- Gather all historical documentation related to well repairs or tests.
- Check with the local health department for any recorded water quality notices.
- Consult a licensed well professional if you are unsure of system status.
- Prepare a written statement of known conditions for the disclosure report.
- Update your disclosure promptly if new information regarding the water supply arises.
Common questions
Am I required to pay for a new water purity test?
No. The law does not mandate that a seller perform specific investigations or new testing to complete the disclosure form. You only need to report on conditions you are already aware of.
What if the buyer finds a well defect I did not know about?
The disclosure act protects sellers from liability regarding defects of which they had no actual knowledge. You are not responsible for unknown issues that a buyer or their inspector might discover later.
Sources
- Illinois Residential Real Property Disclosure ActChecked October 12, 2026
- Illinois Condominium Property Act — 2025 editionChecked October 12, 2026
- IEMA-OHS — Real estate radon guidanceChecked October 12, 2026
- EPA — Real estate lead-hazard disclosuresChecked October 12, 2026
This guide is general educational content from SQFT IO, prepared with AI assistance. It is not legal, tax or loan advice. Talk with a licensed attorney, tax professional or lender about your situation. SQFT IO Illinois license 478.027617.