NY Real Prop L § 462 (2021)
2021 New York Laws RPP - Real Property Article 14 - Property Condition Disclosure in the Sale of Residential Real Property 462 - Property Condition Disclosure Statement.

§  462.  Property  condition  disclosure  statement.  1.  Except as is provided in section four hundred  sixty-three  of  this  article,  every seller  of  residential real property pursuant to a real estate purchase contract  shall  complete  and  sign  a  property  condition  disclosure statement as prescribed by subdivision two of this section and cause it, or  a copy thereof, to be delivered to a buyer or buyer's agent prior to the signing by the buyer of a binding contract of sale. A  copy  of  the property  condition  disclosure  statement  containing the signatures of both seller and buyer shall be attached  to  the  real  estate  purchase contract. Nothing contained in this article or this disclosure statement is  intended  to prevent the parties to a contract of sale from entering into agreements of any kind or  nature  with  respect  to  the  physical condition  of  the  property  to be sold, including, but not limited to, agreements for the sale of real property "as is".   2. The following shall be the disclosure form:                   PROPERTY CONDITION DISCLOSURE STATEMENT  NAME OF SELLER OR SELLERS:  PROPERTY ADDRESS:    THE  PROPERTY  CONDITION  DISCLOSURE  ACT  REQUIRES  THE   SELLER   OF RESIDENTIAL  REAL  PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY THEREOF TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE.   PURPOSE OF STATEMENT: THIS IS A STATEMENT OF  CERTAIN  CONDITIONS  AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE STATEMENT  IS  NOT  A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE  FOR ANY  INSPECTIONS  OR  TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.   A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON  THIS  FORM MAY  SUBJECT  THE  SELLER  TO  CLAIMS BY THE BUYER PRIOR TO OR AFTER THE TRANSFER OF TITLE. IN THE EVENT A  SELLER  FAILS  TO  PERFORM  THE  DUTY PRESCRIBED  IN  THIS  ARTICLE TO DELIVER A DISCLOSURE STATEMENT PRIOR TO THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER  SHALL RECEIVE  UPON  THE  TRANSFER  OF  TITLE A CREDIT OF FIVE HUNDRED DOLLARS AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPERTY.   "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A  ONE  TO FOUR  FAMILY  DWELLING  USED  OR  OCCUPIED,  OR  INTENDED  TO BE USED OR OCCUPIED, WHOLLY OR PARTLY, AS THE HOME OR  RESIDENCE  OF  ONE  OR  MORE PERSONS,  BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH DWELLINGS ARE  TO  BE  CONSTRUCTED  OR  (B)  CONDOMINIUM  UNITS  OR COOPERATIVE APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT IS NOT OWNED IN FEE SIMPLE BY THE SELLER.  INSTRUCTIONS TO THE SELLER:  (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.  (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS REQUIRED.  (c) COMPLETE THIS FORM YOURSELF.  (d)  IF  SOME  ITEMS  DO  NOT  APPLY  TO  YOUR  PROPERTY,  CHECK  "NA" (NON-APPLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).    SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS  TO THE  BUYER  BASED  UPON  THE  SELLER'S  ACTUAL  KNOWLEDGE AT THE TIME OF  SIGNING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT,  IF  ANY, TO  PROVIDE  A  COPY  OF  THIS  STATEMENT  TO A PROSPECTIVE BUYER OF THE RESIDENTIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.  GENERAL INFORMATION   1. HOW LONG HAVE YOU OWNED THE PROPERTY?   2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?   3. WHAT  IS  THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF      THE  STRUCTURE  WAS  BUILT  BEFORE  1978  YOU  ARE  ENCOURAGED   TO      INVESTIGATE FOR THE PRESENCE OF LEAD BASED PAINT.   4. DOES  ANYBODY  OTHER  THAN  YOURSELF  HAVE A LEASE, EASEMENT OR ANY      OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY  OTHER  THAN      THOSE  STATED  IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS      RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA   5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY?   YES  NO      UNKN NA (IF YES, EXPLAIN BELOW)   6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL      CLAIM  CHALLENGING  YOUR  TITLE TO THE PROPERTY? YES NO UNKN NA (IF      YES, EXPLAIN BELOW)   7. ARE THERE ANY FEATURES  OF  THE  PROPERTY  SHARED  IN  COMMON  WITH      ADJOINING  LAND  OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS,      FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW)   8. ARE  THERE  ANY  ELECTRIC  OR  GAS  UTILITY  SURCHARGES  FOR   LINE      EXTENSIONS,  SPECIAL  ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION      FEES THAT APPLY TO THE PROPERTY? YES NO UNKN NA  (IF  YES,  EXPLAIN      BELOW)   9. ARE  THERE  CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY?  YES      NO UNKN NA (IF NO, EXPLAIN BELOW)  ENVIRONMENTAL   NOTE TO SELLER  -  IN  THIS  SECTION,  YOU  WILL  BE  ASKED  QUESTIONS REGARDING  PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW TO HAVE BEEN SPILLED, LEAKED OR  OTHERWISE  BEEN  RELEASED  ON  THE PROPERTY  OR  FROM  THE  PROPERTY  ONTO  ANY  OTHER  PROPERTY. PETROLEUM PRODUCTS MAY INCLUDE, BUT ARE NOT LIMITED  TO,  GASOLINE,  DIESEL  FUEL, HOME  HEATING  FUEL,  AND  LUBRICANTS. HAZARDOUS OR TOXIC SUBSTANCES ARE PRODUCTS THAT COULD POSE SHORT- OR LONG-TERM DANGER TO  PERSONAL  HEALTH OR  THE  ENVIRONMENT  IF  THEY  ARE NOT PROPERLY DISPOSED OF, APPLIED OR STORED.  THESE INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS,  PESTICIDES AND  INSECTICIDES,  PAINT  INCLUDING  PAINT THINNER, VARNISH REMOVER AND WOOD PRESERVATIVES, TREATED WOOD, CONSTRUCTION MATERIALS SUCH AS ASPHALT AND  ROOFING  MATERIALS,  ANTIFREEZE  AND  OTHER  AUTOMOTIVE   PRODUCTS, BATTERIES,  CLEANING  SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD CLEANERS AND POOL CHEMICALS AND PRODUCTS CONTAINING MERCURY AND LEAD.    NOTE TO BUYER - IF  CONTAMINATION  OF  THIS  PROPERTY  FROM  PETROLEUM PRODUCTS  AND/OR  HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO YOU, YOU ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY.    10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED  FLOODPLAIN?       YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)   11. IS  ANY  OR  ALL  OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND?       YES  NO  UNKN  NA (IF YES, EXPLAIN BELOW)   12. IS THE PROPERTY LOCATED IN AN AGRICULTURAL  DISTRICT?    YES    NO       UNKN  NA (IF YES, EXPLAIN BELOW)   13. WAS  THE  PROPERTY EVER THE SITE OF A LANDFILL?  YES  NO  UNKN  NA    IF YES, EXPLAIN BELOW)    14. ARE THERE OR HAVE THERE EVER BEEN  FUEL  STORAGE  TANKS  ABOVE  OR       BELOW  THE GROUND ON THE PROPERTY?  YES  NO  UNKN  NA  IF YES, ARE       THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY LEAKING       OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN BELOW)   15. IS  THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE       LOCATION OR LOCATIONS BELOW)   16. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES,  STATE  LOCATION       OR LOCATIONS BELOW)   17. HAS  A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A COPY       OF THE REPORT)   18. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING  OIL  OR       ANY  OTHER  PETROLEUM  PRODUCT,  METHANE  GAS, OR ANY HAZARDOUS OR       TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON  THE       PROPERTY  OR  FROM  THE  PROPERTY ONTO ANY OTHER PROPERTY?  YES NO       UNKN NA (IF YES, DESCRIBE BELOW)   19. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR       OIL, HOME HEATING FUEL, LUBRICATING OIL, OR  ANY  OTHER  PETROLEUM       PRODUCT,  METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES NO       UNKN NA (IF YES, ATTACH REPORT(S))  STRUCTURAL   20. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE  OR  STRUCTURES?       YES NO UNKN NA (IF YES, EXPLAIN BELOW)   21. IS  THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES?       YES NO UNKN NA (IF YES, EXPLAIN BELOW)   22. IS THERE ANY  TERMITE,  INSECT,  RODENT  OR  PEST  INFESTATION  OR       DAMAGE?  YES NO UNKN NA (IF YES, EXPLAIN BELOW)   23. HAS  THE  PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST       INFESTATION OR DAMAGE? YES NO  UNKN  NA  (IF  YES,  PLEASE  ATTACH       REPORT(S))   24. WHAT  IS  THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)?       ANY KNOWN MATERIAL DEFECTS? HOW  OLD  IS  THE  ROOF?  IS  THERE  A       TRANSFERABLE  WARRANTEE  ON THE ROOF IN EFFECT NOW? YES NO UNKN NA    IF YES, EXPLAIN BELOW)   25. ARE THERE ANY KNOWN MATERIAL  DEFECTS  IN  ANY  OF  THE  FOLLOWING       STRUCTURAL  SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR       PARTITIONS. YES NO UNKN NA (IF YES, EXPLAIN BELOW)  MECHANICAL SYSTEMS & SERVICES   26. WHAT IS THE WATER SOURCE (CIRCLE ALL THAT APPLY -  WELL,  PRIVATE,       MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA   27. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA    IF YES, DESCRIBE BELOW)   28. WHAT  IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY - PUBLIC       SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)?  IF SEPTIC OR CESSPOOL,       AGE? ________ DATE LAST PUMPED?  ________  FREQUENCY  OF  PUMPING?       ________  ANY  KNOWN  MATERIAL  DEFECTS?   YES NO UNKN NA (IF YES,       EXPLAIN BELOW)   29. WHO IS YOUR  ELECTRIC  SERVICE  PROVIDER?  ________  WHAT  IS  THE       AMPERAGE?  ________  DOES  IT  HAVE  CIRCUIT  BREAKERS  OR  FUSES?       ________ PRIVATE OR PUBLIC  POLES?  ________  ANY  KNOWN  MATERIAL       DEFECTS? YES NO UNKN NA (IF YES, EXPLAIN BELOW)   30. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED       IN  STANDING  WATER ON ANY PORTION OF THE PROPERTY? YES NO UNKN NA    IF YES, STATE LOCATIONS AND EXPLAIN BELOW)   31. DOES THE BASEMENT HAVE SEEPAGE THAT RESULTS IN STANDING WATER? YES       NO UNKN NA (IF YES, EXPLAIN BELOW)  ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE  FOLLOWING  (IF  YES, EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):    32. PLUMBING SYSTEM?              YES        NO        UNKN        NA   33. SECURITY SYSTEM?              YES        NO        UNKN        NA   34. CARBON MONOXIDE DETECTOR?     YES        NO        UNKN        NA   35. SMOKE DETECTOR?               YES        NO        UNKN        NA   36. FIRE SPRINKLER SYSTEM?        YES        NO        UNKN        NA   37. SUMP PUMP?                    YES        NO        UNKN        NA   38. FOUNDATION/SLAB?              YES        NO        UNKN        NA   39. INTERIOR WALLS/CEILINGS?      YES        NO        UNKN        NA   40. EXTERIOR WALLS OR SIDING?     YES        NO        UNKN        NA   41. FLOORS?                       YES        NO        UNKN        NA   42. CHIMNEY/FIREPLACE OR STOVE?   YES        NO        UNKN        NA   43. PATIO/DECK?                   YES        NO        UNKN        NA   44. DRIVEWAY?                     YES        NO        UNKN        NA   45. AIR CONDITIONER?              YES        NO        UNKN        NA   46. HEATING SYSTEM?               YES        NO        UNKN        NA   47. HOT WATER HEATER?             YES        NO        UNKN        NA   48. THE PROPERTY IS LOCATED IN THE       FOLLOWING SCHOOL DISTRICT                          UNKN    NOTE:  BUYER  IS  ENCOURAGED  TO  CHECK  PUBLIC RECORDS CONCERNING THE PROPERTY (E.G. TAX RECORDS AND WETLAND AND FLOOD PLAIN MAPS)   THE SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE.  IF NECESSARY,  ATTACH  ADDITIONAL  PAGES  AND  INDICATE  HERE THE NUMBER OF ADDITIONAL PAGES ATTACHED.    ______________________________________________________________________   ______________________________________________________________________   ______________________________________________________________________   ______________________________________________________________________    SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN  THIS PROPERTY  CONDITION  DISCLOSURE  STATEMENT  IS  TRUE AND COMPLETE TO THE SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED  BY  THE  SELLER.  IF  A SELLER  OF  RESIDENTIAL  REAL  PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED PREVIOUSLY, THE  SELLER  SHALL  DELIVER  A  REVISED  PROPERTY  CONDITION DISCLOSURE  STATEMENT  TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT, HOWEVER, SHALL A SELLER  BE  REQUIRED  TO  PROVIDE  A  REVISED  PROPERTY CONDITION  DISCLOSURE  STATEMENT  AFTER  THE  TRANSFER OF TITLE FROM THE SELLER TO THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.    SELLER _______________________________________  DATE ________________   SELLER _______________________________________  DATE ________________    BUYER'S ACKNOWLEDGMENT: BUYER ACKNOWLEDGES RECEIPT OF A COPY  OF  THIS STATEMENT  AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT OF CERTAIN CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO  THE SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT AND  IS  NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR OTHER INSPECTIONS OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.    BUYER _______________________________________   DATE ________________   BUYER _______________________________________   DATE ________________    3. Nothing in this article shall require  a  seller  to  undertake  or provide  for  any  investigation or inspection of his or her residential real property or to check any public records.