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5 Real Estate Scams You Need to Know About | Chappaqua NY Real Estate

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Don’t be duped by mortgage fraud. Here are a few common scams and the red flags you should look for in a transaction.

 

Mortgage fraud is pervasive: An estimated $4 billion to $6 billion in annual losses result from mortgage fraud, according to FBI reports. “An entire community can be damaged by mortgage fraud,” says Rachel Dollar, a lawyer from Santa Rosa, Calif., and editor of the Mortgage Fraud Blog. Mortgage fraud can lead to a spike in foreclosures, home values plummeting, and lenders raising their rates and fees to recover losses.

The crimes are often complex, involving several parties and occurring over multiple transactions. To protect you and your clients, educate yourself about mortgage fraud and be on guard for any warning signs in a transaction. You can start by reviewing these five scams, and then test your knowledge by taking our Mortgage Fraud Quiz.

1. The Foreclosure Rescue Scheme

The Scam: “Rescuers” promise cash-strapped home owners that they can save their home from foreclosure. The rescue, which involves paying upfront fees, can take multiple forms, such as the perpetrator obtaining a new loan on behalf of the owner or by having the owner sign over the home’s deed and then rent the home until they can repurchase it. Eventually, the home owner loses the home, either to foreclosure or the fictitious rescue company.

Red Flags: With foreclosure rescue programs, borrowers are often advised to sign over the title of their house to a third party, become renters of their home, not contact their lender, or send mortgage payments to a third party, according to Fannie Mae, which provides fact sheets on mortgage fraud.

2. Loan Documentation Fraud

The Scam: This fraud involves numerous schemes in which a borrower provides inaccurate financial information — such as about their income, assets, and liabilities — or employment status in order to qualify for a loan with lower rates and more favorable terms. Occupancy fraud is one growing area: Borrowers say they plan to live in the property when they actually intend to rent it.

Red Flags: Documentation may raise suspicion if the employer’s address is shown as a post office box, accumulation of assets compared to the person’s income appears too high or low, the new house is too small to accommodate occupants, the person has no credit history, or the application is unsigned or undated, according to Fannie Mae.

3. Appraisal Fraud

The Scam: A faulty appraisal — saying a property is worth more than what it really is — is connected to many types of mortgage fraud. It entails manipulating or overstating comparables, market values, or property characteristics in order to obtain a higher appraisal. The higher property appraisal, which generates false equity, is done by falsifying an appraisal document or using an appraiser accomplice to obtain the higher value.

Red Flags: Be skeptical of appraisals that are dated prior to the sales contract, list comparable sales that do not contain similarities to the property or are outside the neighborhood, the owner is not the seller listed on the contract or the title, or a third party participating in the transaction orders the appraisal, Freddie Mac warns.

4. Illegal Property Flipping

The Scam: This entails purchasing properties and reselling them at inflated prices. These scams usually involve faulty appraisals and inaccurate loan documents. The property is then refinanced or resold immediately after purchase for an inflated value. The home is purchased at a higher price, often by straw buyers working with the “flipper,” and eventually falls into foreclosure. 

Red Flags: Some key things to look for are rapid refinancing of a property; the seller recently having acquired the title or acquiring the title concurrent with the transaction; an appraisal that comes in too high; a property that was recently in foreclosure being purchased at a much lower price than its sales price; or the owner listed on the appraisal and title not matching the seller on the sales contract, according to Fannie Mae.

5. Short Sales Schemes

The Scam: Borrowers owe more than the current value of their home so they fake financial hardship and no longer make their mortgage payments. An accomplice of the borrower then submits a low offer to purchase the property in a short sale agreement. The lender agrees to the short sale, unaware that it was premeditated. The property, after being purchased at the reduced price, is then often resold at the home’s actual value for profit.

Red Flags: The borrower suddenly defaults on the mortgage with no workout discussions with the lender, an immediate offer is made to a lender at a short sale price, the short sale offer is less than current market value, or a cash back is offered at closing to the delinquent borrower (disguised as “repairs” or other payouts, for example) and is not disclosed to the lender, according to Fannie Mae.

You can report instances of suspected mortgage fraud to Stopfraud.gov.

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Mortgage Bankers Report Foreclosures Are Falling in Lewisboro | Lewisboro NY Real Estate

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Fewer homes are falling into foreclosure, the Mortgage Bankers Association reported Thursday. 

The percentage of homes that entered some stage of foreclosure in the third quarter fell to 13.52 percent compared to 14.42 percent in the second quarter in part because of state and federal investigations into procedural errors, the bankers said. 

Mortgages more than three months overdue also fell during the third quarter to 8.7 percent of all loans, down from 9.11 percent in the second quarter. 

The bankers say it is too early to know whether this represents a positive trend because once the foreclosure investigations grind to a halt, foreclosure activity will pick up.  

Elizabeth Duke, a Federal Reserve Board governor, testified that the Fed expected about 2.25 million foreclosure filings this year and in 2011, and 2 million in 2012. “They will remain extremely high by historical standards,” Duke said in a prepared statement. 

Source: The New York Times, David Streitfeld (11/18/2010)

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History of Pound Ridge NY | Pound Ridge NY Real Estate

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Originally home to the Siwanoy and Kitchawong Indians (Mohican tribes, a subgroup of the Algonquians), the town takes its name from a tribal “pound” or enclosure for game that was on one of the area’s many “ridges”. The Indians led a relatively peaceful life of planting, hunting, and fishing.

Pound Ridge was originally settled in 1640’s as part of a tract of land purchased from local Indians by Captain Nathanial Turner, and it was officially incorporated in 1788. For the last 250 years there has been much controversy over the spelling of “Pound Ridge” or “Poundridge”, but finally in 1948 the Town Board declared the name to be the two-worded version.

During the Revolution in 1779, Pound Ridge was the scene of the dramatic raid led by the British Lt. Col. Banastre Tarleton (his portrait by Sir Joshua Reynolds shown at right). He overwhelmed the local militia commanded by Major Ebenezer Lockwood and the regiment of Continental Light Dragoons (mounted infantry) led by Lt. Col. Elisha Shelton stationed in the Hamlet area. Fortunately, Tarleton got a bit lost finding Pound Ridge, which enabled the Americans more time to prepare. However, with better than a 2 to 1 advantage, Tarleton (a.k.a. “The Butcher”) conquered, plundered, and burned much of the town. 

By 1920, the population dwindled to 515. Then, during the 1930’s things changed. Hiram Halle, an inventor and businessman, came to Pound Ridge from New York City and began renovating and reconstructing houses. 

He hoped to enhance the community, and it did attract actors, writers, artists, and musicians. They discovered that Pound Ridge was a charming and convenient getaway and began purchasing homes. Benny Goodman was one of the first of these residents, and he even composed a melody entitled “Pound Ridge”.  Many creative people and celebrities continue to move to Pound Ridge (sometimes referred to as the 2nd Hollywood).

By the 1940’s, Pound Ridge’s population rose to almost 800, and it continued to grow slowly and steadily to 4,000 in 1980 and 4,550 in 1990 to 4,700 in 2000.

Interest in the preservation of Pound Ridge’s architectural heritage has also been maintained throughout the years. These older landmarks and homes (with wells and barnegats for crushing seashells) are an integral part of the character of the town and provide the community a shared “pride of place”.

The current population of the residents of the Town of Pound Ridge, NY includes 4,918 people (2004 US Census) living mostly in single-family dwellings on 2 or 3-acre minimum zoning districts.

In addition there are deer galore, emus, swans, ducks and geese, foxes and coyotes, raccoons, otters, squirrels, chipmunks, frogs, crickets, etc..

And last but not least is the official Town of Pound Ridge Cemetery originally known as “Burial Hill”.
 

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8 Ways to Improve Your Credit in Pound Ridge NY | Pound Ridge NY Real Estate

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Credit scores, along with your overall income and debt, are a big factor in
determining if you’ll qualify for a loan and what loan terms you’ll
be able to qualify for.
  1. Check for and correct errors in your credit report. Mistakes happen, and
    you could be paying for someone else’s poor financial management.
  2. Pay down credit card bills. If possible, pay off the entire balance every
    month. However, transferring credit card debt from one card to another could
    lower your score.
  3. Don’t charge your credit cards to the maximum limit.
  4. Wait 12 months after credit difficulties to apply for a mortgage. You’re
    penalized less for problems after a year.
  5. Don’t purchase big-ticket items for your new home on credit cards
    until after the loan is approved. The amounts will add to your debt.
  6. Don’t open new credit card accounts before applying for a mortgage.
    Having too much available credit can lower your score.
  7. Shop for mortgage rates all at once. Too many credit applications can lower
    your score, but multiple inquiries from the same type of lender are counted
    as one inquiry if submitted over a short period of time.
  8. Avoid finance companies. Even if you pay the loan on time, the interest
    is high and it will probably be considered a sign of poor credit management.
  9. This information is copyrighted by the Fannie Mae Foundation and is used with
    permission of the Fannie Mae Foundation. To obtain a complete copy of the publication,
    “Knowing and Understanding Your Credit,” visit Home Buying Guide.
Reprinted from REALTOR® Magazine Online by permission of the NATIONAL ASSOCIATION OF REALTORS®

 

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The Cost of Living in NYC | Bedford NY Real Estate

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The Price 20-Somethings Pay to Live in the City

ABE CAVIN QUEZADA, a 22-year-old aspiring music producer, lives with two roommates in a three-bedroom apartment in Bedford-Stuyvesant, Brooklyn. Mr. Cavin Quezada, who works as an unpaid intern at Electric Lady Studios in Greenwich Village, has kind words for his building, a renovated tenement near Marcus Garvey Boulevard, and for his apartment, for which he pays $500 a month and has a 10-by-6-foot bedroom. But as for the neighborhood, he is less enthusiastic.

“Before this I was living in a loft in Bushwick,” said Mr. Cavin Quezada, who grew up outside Washington. “This apartment is nicer, and has more amenities, but the neighborhood is noticeably fishier. In Bushwick, I never really felt threatened. Now, the sounds around are more aggressive. I’ll see 20 guys ride by on motorcycles, or hear gunshots outside my window.

“And one day,” he said, “in the middle of a Sunday afternoon, I saw a guy on a motorcycle with a handgun. It was not a reassuring sight.”

Mr. Cavin Quezada often works until 2 a.m. or later, and the first few nights after moving here, he considered asking one of his roommates to meet him at the subway after work and walk him back to the apartment.

Does his mother, who’s paying his rent, worry about him? “I don’t think I’ve given her enough details for her to worry,” Mr. Cavin Quezada said.

New York City was home to nearly 1.28 million people in their 20s last year, up from 1.21 million in 1980. In many respects, Mr. Cavin Quezada’s situation mirrors the way large numbers in that age group are living, three years after the Great Recession began.

To be sure, earlier generations had their share of hard-luck housing stories. But statistical evidence suggests that today’s new arrivals have a tougher struggle to live well, or even adequately, compared with their counterparts of just a decade ago. Battered by the one-two punch of persistent unemployment and the city’s high housing costs, they are squeezing into ever smaller spaces and living in neighborhoods once considered dicey and remote.

They are doubling, tripling, quadrupling and even quintupling up. According to the New York City Planning Department, 46 percent of New Yorkers in their 20s who moved to the city from out of state between 2006 and 2008 lived with people to whom they were not related, up from 36 percent in 2000.

Moving back in with parents is fast becoming the new normal. Those who do fly the family nest are paying an ever larger percentage of their often meager income for rent. Between 2006 and 2008, according to the Planning Department, the portion of New Yorkers in their 20s who moved to the city from other states and who paid at least 35 percent of their income for rent was 42 percent, up from 39 percent in 2000.

Even young people in high-paying fields like finance have to make sacrifices. There’s the investment banker who can afford only a 450-square-foot studio, and the financial analyst who lives in a third-floor walk-up studio illegally divided into two rooms.

In the words of Allison Gumbel, a 28-year-old photographer who lives in a third-floor walk-up in Clinton Hill, Brooklyn: “There’s always a compromise. And when I say compromise, I don’t just mean that you don’t have nice floors or good light.”

Still young adults swarm to the city, especially those eager to pursue careers in finance, the arts, media and other fields for which New York has long served as the nation’s heart. They come to find work, to find one another and to hang out in neighborhoods like Williamsburg and the Lower East Side that have become almost geographic extensions of college dorm life. Here are some tales from the front lines.

•

Stefan Rurak, 26, a furniture maker, has lived for two years in a former furniture store in Greenpoint, Brooklyn. His roommate has the front room; Mr. Rurak has the 9-by-12-foot windowless space in the rear, for which he pays $325 a month. The arrangement isn’t legal, but it allows Mr. Rurak, an Oberlin graduate who moved to New York five years ago, to pursue work he loves.

“I really lucked out,” he said. “Without a doubt, I couldn’t be doing what I’m doing now without this space.”

“Like every artist,” he added, “I came to New York after college. I never planned on staying this long, but I did various things. I worked in construction, I worked as an art handler. Opportunities came up.

“It’s not that I like New York so much. But things happen here that wouldn’t happen in other places.”

And he has only good things to say about his neighborhood. “It’s not like Williamsburg, at least not yet,” he said. “You don’t see all those college kids in tight pants. It’s not quote unquote hot.”

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Mortgage Activity Logs Biggest Drop of the Year Says MBA | Bedford NY Real Estate

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Home loan demand fell 14 percent last week, as higher interest rates sent refinancing down 17 percent. This was the biggest drop of the year, according to the Mortgage Bankers Association weekly survey. 

Applications for mortgages to purchase homes fell 5 percent last week compared to the previous week on an adjusted basis. On an unadjusted basis, purchase applications decreased 8.2 percent compared with the previous week and were 11.3 percent lower than they were the same week a year ago. 

Purchase applications had been on the rise for the previous three weeks, but “rates increased sharply last week due to stronger economic data and lingering uncertainty regarding the structure and impact of the Fed’s QE2 program. Mortgage applications … dropped in response,” said Michael Fratantoni, MBA’s vice president of research and economics.  

Here are the average rates: 

▪ 30-year fixed-rate mortgages increased to 4.46 percent from 4.28 percent. 

▪ 15-year fixed-rate mortgages increased to 3.87 percent from 3.64 percent. 

Source: Mortgage Bankers Association (11/17/2010)

 

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9 Tips for Getting Vacant Homes Ready for Winter | Bedford Hills NY Real Estate

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Houses that will sit empty through the winter need attention to avoid frozen pipes, reports Long Island American Water, which is part of American Water, the largest investor-owned U.S. water and waste water utility company

The company offers these tips for ensuring that pipes don’t burst:

· Search for pipes that are not insulated, or that pass through unheated spaces such as crawl spaces, basements, or garages. Wrap them with pre-molded foam rubber sleeves or fiberglass insulation.

· Wrap really vulnerable pipes with electric heating tape with a built-in thermostat that only turns heat on when needed.

· Seal cracks and holes in outside walls and foundations with caulking to keep cold wind from pipes. Look for areas where cable TV or phone lines enter the house, to be sure holes are tightly sealed.

· If hot-water radiators heat the home, bleed the valves by opening them slightly. Close them when water appears.

· Before really cold weather sets in, make certain that the water to outdoor hose bibs is shut off inside the house and the lines are drained.

· Drain any hoses and air conditioner pipes.

· Wrap the water heater or turn it off.

· Make sure gutters and downspouts have been cleaned to remove debris that could freeze and cause clogs during cold weather.

· Know where the main water shut-off valve is located in case it needs to be shut off during an emergency.

Source: Long Island American Water (11/16/2010)

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Banks Raise Credit Scores to Qualify for a Mortgage | Pound Ridge NY Real Estate

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Credit Score Requirements Stifling Borrowers

 
Despite record-low interest rates, an increasing number of Americans can’t afford to buy a house. 

The nation’s two largest mortgage lenders, Wells Fargo & Co. and Bank of America Corp., have raised the minimum required credit score on FHA-insured loans to 640 from 620.  

Requiring a 640 credit score excludes about 15 percent of FHA borrowers, FHA commissioner David Stevens said.

Such a high limit will further delay a recovery in the real estate market, says Ron Phipps, president of the National Association of REALTORS®.

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Bedford NY Town Government | Bedford NY Real Estate

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A five member Town Board, made up of the Supervisor and four Town Board members elected at large, functions as the legislative body of the Town and is responsible for the “health, safety and welfare” of its residents. Terms for Town Board members are four years; the Supervisor’s term is two years.
 

The Supervisor functions as the Chief Fiscal Officer and Chief Executive Officer. A Deputy Supervisor is appointed to assist with the duties of the Supervisor during their absence.

The Town Board is a legislative body, responsible for setting policy, adopting the annual budget, and enacting laws and resolutions for the betterment of the Town’s residents.

Regular Town Board meetings are conducted the first and third Tuesdays each month at 8 pm in the Town House followed by a Public Open Forum. Work sessions are held as announced. All meetings are open to the public and only certain legally sensitive issues may be discussed in executive session.

Members of the Town Board may be reached by contacting the Supervisor’s Office or sending mail to the Town Supervisor’s Office at 321 Bedford Road, Bedford Hills, NY 10507

Supervisor
Lee V. A. Roberts, Supervisor
Two year term ending 12/31/11
Email: Supervisor@BedfordNY.info
Telephone: 914-666-6530
FAX: 914-864-1030

 
Town Board
 
Chris Burdick
Town Board Member
Term ending 12/31/11
Email: CBurdick@BedfordNY.info
 Peter A. Chryssos
Town Board Member, Deputy Supervisor
Term ending 12/31/13
Email: PChryssos@BedfordNY.info
 

Francis T. Corcoran
Town Board Member
Term ending 12/31/13
Email: FCorcoran@BedfordNY.info 
David Gabrielson
Town Board Member
Term ending 12/31/11
Email: DGabrielson@BedfordNY.info
 
Town Justices
The Town of Bedford has two Town Judges, each elected to a four-year term. The Judges hold sessions of Criminal Court, Civil Court and Traffic Court.

 
Kevin Quaranta
Term ending 12/31/11

 Erik P. Jacobsen
Term ending 12/31/13
 
Email: Court@BedfordNY.info
Voice: 914-666-6965
FAX: 914-666-2490

 
Town Clerk
The Town Clerk is elected to a four-year term and duties include, among many, running the Town Elections and serves as the Registrar of Vital Statistics.
Lisbeth (Boo) Fumagalli, Town Clerk
Term ending 12/31/13
321 Bedford Road
Email: TownClerk@BedfordNY.info
Voice: 914-666-4534

 
Westchester County Legislator
2nd County Legislative District
Peter Harckham
Westchester County Office Bldg.
148 Martine Ave.
White Plains, NY 10601
(914) 995-2810
Email: Harckham@westchesterlegislators.com

 Westchester County Clerk
Timothy C. Idoni
110 Dr. Martin Luther King, Jr. Blvd
White Plains, NY 10601
(914) 995-3080
Email: cclerk@westchestergov.com
 
Westchester County Executive
Robert Astorino
148 Martine Avenue
White Plains, NY 10601-3327
(914) 995-2127

 New York State Senate
40th Senate District
Vincent L. Leibell (R-C)
1441 Route 22, Suite 205
Brewster, NY 10509
(845) 279-3773
Email: leibell@senate.state.ny.us
 
New York State Assembly
89th Assembly District
Robert Castelli
4 New King Street, Suite 125
White Plains, NY 10604
(914) 907-2900
Email: castellir@assembly.state.ny.us

 United States Senate
Kirsten E. Gillibrand (D)
531 Dirksen Senate Office Building
Washington DC 20510
(202) 224-4451
http://gillibrand.senate.gov/contact/

 
United States Senate
Charles E. Schumer (D-IN-L)
757 Third Ave., Rm. 17-02
New York, NY 10017
(212) 486-4430
Email: senator@schumer.senate.gov

 United States House of Representatives
19th Congressional District
John J. Hall ( D)
1217 Longworth House Office Building
Washington DC 20515
(202) 225-5441

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How to Comply with Westchester’s New Well-Water Testing Law | Westchester Real Estate For Sale

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By Edward I. Sumber, Legal Counsel

On May 23, 2007, the County of Westchester adopted Local Law No. 7 of the year 2007 which is entitled “The Private Well-Water Testing Law”. The new Law becomes effective on November 19, 2007. Regulations contemplated by the new Law were published by the County of Westchester on Tuesday, September 18, 2007 and the Law and the Rules and Regulations are posted on the Health Department’s website at http://www.westchestergov.com/health/.

Why Was the New Law Necessary?

The new Law, also referred to as “Laws of Westchester County §707.0 et seq.” is intended to identify properties throughout Westchester County which are served by substandard water supplies so that purchasers of properties and tenants residing in properties served by wells with contaminants, are aware of the circumstances, can remediate and address the issues and so that the Health Department can make available to the public a “general compilation of water test results data arranged or identified by municipality or appropriate geographic area…”. In addition, the Department of Health may establish a public information and education program to assist the public in identifying the potential health affects of consuming contaminated water as well as suggesting water treatment techniques, equipment strategies and identifying funding sources available for treating water from private wells which have failed a water test.

Who Must Comply With the New Law?

There are three aspects to the Private Well-Water Testing Law:

1. §707.03 relates to water testing when a property served by well-water is sold in Westchester County;

2. §707.04 relates to water testing requirements for properties served by well-water which are leased; and

3. §707.05 relates to water testing requirements for new wells.

The burden of compliance with these new sections falls upon a seller of real property upon the sale of the property, the landlord in connection with the leasing of property and the owner of property at the time that a new well is installed.

Requirements upon Sale of Real Property

When a contract of sale for any property served by well-water in Westchester County is signed, the seller must cause a water test to be conducted, which will identify contaminants, constituents, substances, metals, inorganic or organic chemicals (all refered to as “Parameters”) which affect the drinking quality of the water. The seller is required to arrange and pay for the cost of the testing and within ten (10) days of the signing of the formal contract of sale, provide to the purchaser confirmation that the test has been ordered. Within five (5) days after the receipt of the water test results from a certified laboratory, the seller is required to deliver the well-water testing report to the purchaser. The purchaser and seller are required to certify in writing that they have received and reviewed the water-test results. The County Health Department must receive a copy of the test results directly from the certified laboratory.

If the test fails any of the primary parameters (bacteria/total coliform or e-coli, nitrates, arsenic, lead, primary organic contaminants, vinyl chloride or MTBE) the seller will have a choice to a) correct the condition to achieve safe levels of contaminants b) cancel the contract of sale and return the down payment or c) agree in writing to consummate the sale upon terms negotiated between the buyer and the seller.

In addition, the purchaser or seller can test for additional parameters which are not considered “Primary Parameters” and which are referred to in the Regulations as “Secondary Parameters” which affect taste and water quality. Such secondary parameters include pH, iron content, sodium content, chloride content, etc.

Water Testing for Leased Properties

Landlords will be required to test a private well on or before November 19, 2008 and once every five (5) years thereafter. Every new tenant of an apartment in Westchester which is provided with water from a private well is entitled to a copy of the test results whenever a new lease is entered into.

New Wells and Wells Not In Use

Prior to its first use, any new well must be tested and any well which is not in use for a period of five (5) years for drinking purposes must be tested if it is placed into use for a resident or owner.

Who Can Perform the Test?

The test can only be performed by a certified laboratory. The certified laboratory must designate an employee or authorized representative of the certified laboratory to collect

the water sample. The water sample cannot be submitted by the homeowner, by a Realtor or by any other party.

There are highly technical requirements for how the sample is to be obtained including the designation of sampling locations and particular requirements for lead analysis. The format of the report to be provided by the certified laboratory is specified by the Westchester County Department of Health and will include the maximum contaminant levels, guidelines, optimum ranges and other data. The data is required to be reported by the laboratory directly to the Department of Health and to the person who requested the test. Results will not be made available to the public. A list of certified laboratories will be created by the Westchester County Health Department and can be found at the Department’s website at www.westchestergov.com/health.

What is the Estimated Cost of the Testing?

The Questions and Answers promulgated by the Department of Health on September 18, 2007 indicate that the Department believes that the average cost of the well testing will be Four Hundred to Four Hundred Fifty ($400 – $450) Dollars. The seller is required to pay the cost and the Law specifically prohibits an agreement between buyer and seller that the test be waived (§707.09).

What About Contracts Entered Into Prior to November 19, 2007?

The Law provides that it is applicable only to contracts on or after Monday, November 19, 2007. It applies solely to properties which are served by private wells that are providing potable water for drinking purposes (not wells used strictly for watering lawns, etc.). If there was an accepted offer with respect to a property as of November 19, 2007 but formal contracts have not been entered into, the well testing Law will apply. The Law does not allow the seller to pass the costs onto the purchaser. If a test is completed by a seller and the sale is not consummated, the seller can use the test results for a period of one (1) year from the date of the original sample collection although the test for coliform is valid only for six (6) months from the date of the sample collection. In such cases in which a test was already obtained, the seller is required to provide a copy of the test results within ten (10) days of the execution of the subsequent contract.

What are the Penalties for Non-Compliance?

The Department of Health has the ability under the Law to impose heavy fines upon a non-compliant landlord or a seller of real property. Under §707.12, a seller, purchaser or lessor who violates the new Law is subject to a civil penalty not to exceed One Thousand ($1,000) Dollars. In addition, when a contaminated well is not remediated or a test is not provided by a seller to a purchaser or by a landlord to a tenant as required

by the new Law, the County can impose a fine of One Thousand ($1,000) Dollars per day for failure to provide potable water until the condition is corrected or remediated. In addition, any violation resulting from the failure of an owner or landlord to remediate a known condition within one (1) month of the initial violation date is subject to a penalty not to exceed Ten Thousand ($10,000) Dollars for each violation.

What Rights Do Tenants Have?

In the event that a landlord fails to provide potable water to a rented property, the tenant is granted the right under §707.06 to remediate the condition and obtain subsequent tests of the water and to offset the cost of any remediation and subsequent water tests against the rent payable under the lease.

What is the Role of the Realtor?

When originally drafted, the Law imposed upon Realtors and other state licensees an obligation to provide information and assure compliance with the new Law. Through the work of the Westchester County Board of Realtors, the County deleted the sections placing this obligation on State licensees.

Notwithstanding the deletion from the Law of the obligations of Realtors, the self-interest of Realtors to ensure that the transactions which they work to bring about are consummated will necessitate informing sellers and providing information about the new Law and how to bring about compliance.

The Westchester County Department of Health’s website should be accessed by every Realtor to download a copy of the new Private Well-Water Testing Law, the Regulations issued by the Commissioner of Health which are effective on the effective date of the Law (November 19, 2007), as well as the Frequently Asked Questions (“FAQs”) and Answers which are also available on the website. The FAQs are broken into fifteen (15) questions under “Applicability and General Requirements”, nine (9) questions under “Collection and Analysis of Samples” and eleven (11) questions under “Interpreting Test Results & Subsequent Actions”.

A review of these FAQs, the Law and the Regulations reveals that this Law is not simple and will no doubt cause compliance difficulties for some sellers and landlords as well as some unanticipated costs. The Department of Health has also issued a “Summary of Private Well-Water Testing Law” which includes a contact E-mail address for Ms. Nancy Birnbaum (neb1@westchestergov.com) to answer technical questions regarding the electronic transmission of data to the County

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