Westchester Well Water Testing

As of 2007, Westchester County passed a law that requires anyone selling real estate serviced by a private well to have it tested once both buyer and seller sign the contract of sale. The county introduced the law to monitor the local water quality.

The law itself requires a seller to hire a certified laboratory to test their well water for a number of substances including bacteria, chemicals, metals, and other contaminants. The seller is obligated to pay for the tests and they must be ordered ten days after the contract is signed by both parties.

It’s important to note that neither a seller nor a buyer can contract around the obligation to conduct the water test because the laboratory must send a copy of the test results to the Westchester County Department of Health. 

When the test results are available, the seller must also provide them to the buyer within five days.

Sometimes, a test will identify an adverse result – most commonly the presence of bacteria in the water. However, in our experience, an adverse water result is not a reason for concern because there are common, effective remedies available.

First, the seller can retain a local service to chlorinate the water to kill bacteria that is present. Chlorination is an effective and inexpensive option that usually costs about $250 - $300.

Second, the seller can opt to install a UV water filter system. While equally effective as chlorination, the expense is significantly higher, so sellers usually choose to have the well chlorinated.

Perhaps most importantly, it is not uncommon for private wells to produce adverse test results so, if you’re buying a home in Westchester and the water test identifies the presence of bacteria, don’t let that cast a shadow on your decision: the remedies are not only effective, but it’s a cost you as the buyer won’t have to bear.

If you’d like to talk to the experienced real estate attorneys at The Donaldson Law Firm, please give us a ring or send us an email.