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<section article="grp" article_name="Real Property" number="10-713" title_number="10" title_name="Sales of Property" subtitle_number="7" subtitle_name="Contracts of Sale -- Miscellaneous Provisions">
  <level label="a">
    <text>In this section, “maximum contaminant level” and “water quality testing” have the meanings stated in § 9–4A–01 of the Environment Article.</text>
  </level>
  <level label="b">
    <level label="1">
      <text>A contract for the sale of real property on which a private or domestic water supply well is located shall include a provision requiring, as a condition of the sale, that the purchaser ensure that water quality testing of the well be conducted.</text>
    </level>
    <level label="2">
      <level label="i">
        <text>Settlement on the contract for the sale of the real property may not occur until the vendor and the purchaser have each received and reviewed the results of the water quality testing conducted under this subsection.</text>
      </level>
      <level label="ii">
        <text>At settlement on the contract for the sale of the real property, the vendor and the purchaser shall each certify in writing that they have received and reviewed the results of the water quality testing.</text>
      </level>
    </level>
    <level label="3">
      <text>For the purpose of this subsection, the results of the water quality testing remain valid for 3 years.</text>
    </level>
    <level label="4">
      <text>A purchaser may waive in writing the water quality testing requirements under this subsection.</text>
    </level>
  </level>
  <level label="c">
    <level label="1">
      <text>This subsection applies to a State–certified laboratory that conducts water quality testing for the purpose of complying with this section.</text>
    </level>
    <level label="2">
      <text>A State–certified laboratory shall provide the results of a water quality test on a standardized reporting form, as required by the Department of the Environment, that includes a report on any substance that exceeds:</text>
      <level label="i">
        <text>The maximum contaminant level for that substance; or</text>
      </level>
      <level label="ii">
        <text>A harmful level for that substance, as determined by the Department of the Environment.</text>
      </level>
    </level>
    <level label="3">
      <text>A State–certified laboratory may provide the results of water quality testing only to:</text>
      <level label="i">
        <level label="1">
          <text>The vendor and purchaser of real property for which the water quality testing was conducted; and</text>
        </level>
        <level label="2">
          <text>Any person authorized by the vendor or purchaser;</text>
        </level>
      </level>
      <level label="ii">
        <text>The Department of the Environment in accordance with paragraph (4) of this subsection; and</text>
      </level>
      <level label="iii">
        <text>Any person designated by a court order.</text>
      </level>
    </level>
    <level label="4">
      <text>Within 5 business days after completion of water quality testing, a State–certified laboratory shall submit to the Department of the Environment the results of water quality testing and include the following information:</text>
      <level label="i">
        <text>A statement that the water quality testing is for the purpose of complying with this section;</text>
      </level>
      <level label="ii">
        <text>The location of the real property, described by block and lot number, street address, county, and, if applicable, municipality;</text>
      </level>
      <level label="iii">
        <text>The name and mailing address of the person that requested the water quality testing;</text>
      </level>
      <level label="iv">
        <text>The name of the employee or an authorized representative of the laboratory who collected the well water sample;</text>
      </level>
      <level label="v">
        <text>The date and time that the well water sample was collected and the specific point of collection;</text>
      </level>
      <level label="vi">
        <text>The date and time the well water sample was analyzed by the laboratory;</text>
      </level>
      <level label="vii">
        <text>Whether the well water sample is raw water or finished water;</text>
      </level>
      <level label="viii">
        <text>The well tag number, if known; and</text>
      </level>
      <level label="ix">
        <text>Any other information required by the Department of the Environment.</text>
      </level>
    </level>
  </level>
</section>
