Understanding the New Private Well Certification Requirements in the MAR Contract

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— And How Lakeside Title Can Help

If you’re involved in a real estate transaction with a property that includes a private well, it’s important to be aware of the latest updates to the Maryland Association of Realtors (MAR)
contract. Recent changes require additional steps for certifying private wells to ensure they meet Maryland’s health and safety standards, adding a new layer to the closing process. Here’s what these changes mean for buyers, sellers, and agents—and how Lakeside Title is here to make it easier for you.

What is the New Private Well Certification Requirement?

Under the updated MAR contract, properties relying on private wells must now include certification verifying the well’s water quality. This certification ensures the water is free from contaminants and safe for consumption, and it is necessary for many residential transactions, especially those involving loans or properties in rural areas.

Key points of the new certification requirement include:

  • Quality Testing: The certification requires a water quality test conducted by a licensed professional. Tests typically screen for bacteria, nitrates, and other common contaminants to ensure the well water is safe to drink.
  • Timing: The certification must be completed before closing, as it is now part of the contract’s contingencies. Buyers and sellers should ensure the testing process starts well in advance to avoid any delays in settlement.
  • Responsibility: While it’s often the seller’s responsibility to secure and provide this certification, buyers should be aware of the results and understand their implications before closing.

Why This Change Matters

Well water certification requirements are designed to protect buyers and occupants from potential health risks. While public water systems are regulated, private wells are not subject to the same oversight, so this certification provides additional assurance. For buyers, it ensures they won’t face unexpected water issues after moving in, and for sellers, it helps prevent complications and gives confidence that the property meets health standards.

How Lakeside Title Can Support You

Navigating the new private well certification requirements can seem daunting, but Lakeside Title is here to guide you through every step. Our experienced team will coordinate with all parties involved to help ensure that the certification process is completed smoothly and on time. Here’s how we can help:

  • Guidance and Resources: We’ll provide clear instructions on the certification process and connect you with qualified professionals for water testing if needed.
  • Coordination: Our team will keep all parties informed on progress and help ensure that the certification is completed within the required timeframe, so your closing date isn’t affected.

Let Lakeside Title Guide You

At Lakeside Title, we’re here to support you with any questions about Maryland’s new private well certification requirements. Our team is prepared to ensure that all aspects of your transaction proceed smoothly and to provide guidance on meeting this and other contractual requirements. Contact us today to learn how we can help you close with confidence.

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