States That Require a Well Water Test When Selling a Home
Short answer: four states have a statewide law that ties a well water test to a home sale: New Jersey, Rhode Island, Oregon and Maryland. In New Jersey, Rhode Island and Oregon the test is required, using a certified or accredited lab. Maryland requires it in the sales contract, but the buyer can waive it in writing. Counties and towns can add their own rules, so check locally too. Last verified November 3, 2026.
States that require a well water test at sale
| State | Who arranges the test | What must be tested | Key rule | Official source |
|---|---|---|---|---|
| New Jersey | Set in the sales contract (buyer or seller) | Total coliform (E. coli if positive), nitrate, iron, manganese, pH, VOCs, lead, arsenic, gross alpha, three synthetic organic compounds, PFNA, PFOA and PFOS; plus mercury or uranium in listed counties | Both buyer and seller must receive and review the results before closing | NJDEP, N.J.A.C. 7:9E |
| Rhode Island | Buyer | A list of 17 tests, from coliform and E. coli to lead, nitrate, VOCs and MtBE (see below) | Test within 10 days after signing the purchase and sales agreement, and before closing | Rhode Island Department of Health |
| Oregon | Seller (or the seller's representative) | Arsenic, nitrate and total coliform bacteria | Accredited lab; results good for 1 year; copies to the buyer and the Oregon Health Authority within 90 days | Oregon Health Authority |
| Maryland | Buyer (purchaser) | "Water quality testing" as defined in Maryland law, reported by a state-certified lab on a form set by the Department of the Environment | Results valid 3 years; buyer may waive in writing | Maryland Code, Real Property §10-713 |
This table covers statewide laws we could check on an official source. It is not legal advice. Your real estate agent, attorney or local health department can confirm what applies to your sale.
New Jersey: Private Well Testing Act
New Jersey's Private Well Testing Act (N.J.S.A. 58:12A-26 et seq.) says every contract to sell a property whose drinking water comes from a private well must require a water test as a condition of the sale. The NJDEP rules (N.J.A.C. 7:9E) list what the lab must test for:
- Total coliform bacteria, and E. coli if coliform is found
- Nitrate, iron, manganese and pH
- Lead and arsenic
- Volatile organic compounds that have a federal drinking water limit
- Gross alpha particle activity (a radioactivity screen, using the 48-hour rapid test)
- The synthetic organic compounds 1,2,3-trichloropropane, ethylene dibromide and 1,2-dibromo-3-chloropropane
- The PFAS chemicals PFNA, PFOA and PFOS
- Mercury in Atlantic, Burlington, Camden, Cape May, Cumberland, Gloucester, Monmouth, Ocean and Salem counties
- Uranium in Bergen, Essex, Hudson, Hunterdon, Mercer, Middlesex, Morris, Passaic, Somerset, Sussex, Union and Warren counties
The lab must be certified by NJDEP. Landlords are covered too: a lessor whose well isn't tested under another state law must test at least once every five years and give each rental unit and each new tenant a copy within 30 days. For past test results by county, see our New Jersey county pages, and find a certified lab on our New Jersey page.
Rhode Island: test before the sale or transfer
The Rhode Island Department of Health says state law requires any home with a private well to have its water tested before it is sold or transferred. Its Tip Sheet 28, written with the University of Rhode Island, says the buyer tests the water within 10 days after signing the purchase and sales agreement, often as part of the home inspection, and pays for the tests. The seller must share earlier test results and let the buyer's licensed expert take samples. The tip sheet notes the law protects buyers only if they test before closing.
The required tests are alkalinity, total coliform and E. coli, hardness, chloride, fluoride, iron, lead, manganese, nitrate, nitrite, pH, specific conductance, sulfate, total dissolved solids, turbidity, volatile organic compounds and MtBE. RIDOH says PFAS is not on the required list for a sale, though buyers can choose to test for it. Your town's building official may require other tests.
Oregon: Domestic Well Testing Act
Under the Domestic Well Testing Act (ORS 448.271), the seller of a property with a domestic well, one used for drinking, cooking, washing or bathing, must test for arsenic, nitrate and total coliform bacteria. The Oregon Health Authority says:
- Anyone who can follow the sampling instructions may collect the sample, but an accredited lab must test it.
- Results are valid for one year, so the seller can use them for more than one offer in that time.
- Within 90 days, the seller sends the results to the buyer, and sends the Real Estate Transaction (RET) form plus the results to the Oregon Health Authority.
- Spring wells, irrigation-only wells and wells on undeveloped land are exempt.
Maryland: Real Property §10-713
Maryland law says a contract to sell property with a private or domestic well must include a provision that the buyer makes sure the well water is tested. Settlement can't happen until both buyer and seller have received and reviewed the results, and both certify that in writing at settlement. Results stay valid for three years, and the buyer may waive the test in writing. A state-certified lab must report on the Department of the Environment's standard form, flag anything over a drinking water limit, and send the results to the Department within five business days.
What if my state isn't listed?
Most states have no statewide well test rule for home sales, but that doesn't mean nothing applies:
- Counties and towns can set their own rules. Ask the local health department before you list or make an offer.
- FHA, VA and USDA loans can require a well water test. See FHA, VA and USDA well water test rules.
- A buyer can always make a test a condition of the offer. EPA recommends testing private wells every year for total coliform bacteria, nitrates, total dissolved solids and pH.
Whatever the rule, use a lab your state certifies for each test you order. Find one on your state page, and read buying a house with a well for the full checklist.
Sources
- NJDEP: N.J.A.C. 7:9E, Private Well Testing Act rules (courtesy copy, updated May 31, 2020)
- Rhode Island Department of Health: Testing your well water
- RIDOH and URI: Tip Sheet 28, Buying a home with a private well? (updated 2026)
- Oregon Health Authority: Well testing and regulations
- Oregon Revised Statutes chapter 448 (ORS 448.271)
- Maryland General Assembly: Real Property §10-713
- EPA: Protect your home's water
Questions
Which states require well water testing when selling a house?
New Jersey, Rhode Island and Oregon require a well water test at sale by state law. Maryland requires a testing provision in the sales contract, but the buyer may waive it in writing. Counties and towns elsewhere can have their own rules.
Who pays for the well test in a home sale?
It depends on the state. In Oregon the seller must test. In Rhode Island the buyer tests and pays. In New Jersey the sales contract sets it. In Maryland the buyer must make sure the test is done.
What does the New Jersey Private Well Testing Act require?
A certified lab tests for coliform bacteria, nitrate, iron, manganese, pH, VOCs, lead, arsenic, gross alpha, three synthetic organic compounds and three PFAS, plus mercury or uranium in listed counties. Buyer and seller must review the results before closing.
How long are well test results valid for a home sale?
Oregon says results are valid for one year. Maryland law says results stay valid for three years.
Free well water checklist
15 family-friendly steps based on CDC and EPA guidance. Print it, keep it on the fridge, and know when to call a certified lab.
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