Part 24*: Westchester County Private Well Water Testing Law

In Westchester County, New York, many residential properties draw drinking water from the ground, as opposed to a public water supply. The Westchester County Private Well Water Testing Law requires all residential Sellers with wells to test the water for primary parameters such as bacteria and heavy metals that may be unsafe for humans to drink. If the water exceeds the detection limits for such parameters, then the Seller may have the option to either remediate the water (e.g. by adding chlorine or a filter), or cancel the contract. Alternatively, a Purchaser may choose to waive any water quality remediation and undertake the remediation at the Purchaser’s cost and expense after the closing. The terms and conditions for the well test may be specified in a Rider to the Contract of Sale.

*Thank you for taking the time to read this article. This article is part of our “From Contract to Closing; Demystifying NY Residential Real Estate” Series. Other aspects of residential real estate transactions in New York are discussed in other Parts of this series.

For questions about residential real estate law, or general information about our firm, please contact us at (914) 338-8050 or send an e-mail to keith@betenskylaw.com. We look forward to hearing from you.

Betensky Law PLLC
118 N. Bedford Road, Suite 302
Mount Kisco, New York 10549
(914) 338-8050
keith@betenskylaw.com
www.betenskylaw.com

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