2023 New York Laws › RPP - Real Property › Article 8 - Conveyances and Mortgages › 242 - Disclosure Prior to the Sale of Real Property.

§  242.  Disclosure  prior  to  the  sale of real property. 1. (a) Any
person, firm, company, partnership or corporation offering to sell  real
property  to which no utility electric service is provided shall provide
written notice to  the  prospective  purchaser  or  to  the  prospective
purchaser's  agent,  clearly  indicating this fact. Such notice shall be
provided prior to accepting a purchase offer.
(b) Any prospective or actual purchaser who has suffered a loss due to
a violation of this section is entitled to recover  any  actual  damages
incurred from the person offering to sell said real property.
(c)  The  provisions  of this subdivision shall not apply in instances
where the real property being  sold  lies  within  the  applicable  free
footage  allowance  or  service  lateral specified by the public service
commission in rule, regulation or public utility tariff.
2. Disclosure prior to the sale of  real  property  to  which  utility
surcharge payments attach. (a) Any person, firm, company, partnership or
corporation  offering  to  sell real property against which an electric,
gas or water utility surcharge is assessed for the purpose of  defraying
the  costs  associated with an electric, gas or water line extension, or
for  the  purpose  of  defraying  the  costs  associated  with   related
facilities, shall provide written notice to the prospective purchaser or
the prospective purchaser's agent, stating as follows: "This property is
subject  to  an  electric,  gas  and/or  water  utility  surcharge".  In
addition, such notice shall also state, the  type  and  purpose  of  the
surcharge,  the  amount  of  the surcharge and whether such surcharge is
payable on a monthly, yearly  or  other  basis.  Such  notice  shall  be
provided by the seller prior to accepting a purchase offer.
(b) Any prospective or actual purchaser who has suffered a loss due to
a  violation  of  this  subdivision  is  entitled  to recover any actual
damages incurred from the person offering to sell or selling  said  real
property.
3.  Any  person, firm, company, partnership or corporation offering to
sell real property on which uncapped natural gas wells are situated, and
of which such person, firm,  company,  partnership  or  corporation  has
actual  knowledge,  shall inform any purchaser of the existence of these
wells prior to entering into a contract for the  sale/purchase  of  such
property.
4.  Disclosure  prior  to  the  sale of real property to which a green
jobs-green New York on-bill recovery charge  applies.  (a)  Any  person,
firm, company, partnership or corporation offering to sell real property
which  is subject to a green jobs-green New York on-bill recovery charge
pursuant to title nine-A of article eight of the public authorities  law
shall  provide  written  notice  to  the  prospective  purchaser  or the
prospective purchaser's agent, stating as  follows:  "This  property  is
subject  to  a  green jobs-green New York on-bill recovery charge". Such
notice shall also state the total amount of  the  original  charge,  the
payment schedule and the approximate remaining balance, a description of
the  energy efficiency services performed, including improvements to the
property, and an explanation of the benefit of the green jobs-green  New
York qualified energy efficiency services. Such notice shall be provided
by the seller prior to accepting a purchase offer.
(b) Any prospective or actual purchaser who has suffered a loss due to
a  violation  of  this  subdivision  is  entitled  to recover any actual
damages incurred from the person offering to sell or selling  said  real
property.