Updated October 2026. New York General Obligations Law, Agriculture and Markets Law, Executive Law and the State Bar’s seller guide checked on October 31, 2026.
A New York FSBO contract of sale has to be in writing and signed, or a court won’t enforce it (General Obligations Law § 5-703). As of October 2026, hand the buyer the state disclosure statement before they sign, write in an attorney approval clause, and set dates for the mortgage, inspection and closing.
Beycome doesn’t list homes in New York yet. This guide covers the contract side of a by-owner sale under New York law, so you can sell on your own today.
Jump to: ✍️ In writing · 🗺️ Who drafts it · ✅ The terms · 📎 NY notices · 🔥 Risk of loss · 💰 Deposit · ❓ FAQ
Key takeaways
- A deal for New York real estate is void unless the contract, or a signed note of it that states the price, is in writing.
- A “binder” or signed offer can already be a binding contract, so add “subject to attorney review” before anyone signs.
- If the land is in a state agricultural district, the seller must give the buyer a set notice, and both sign it before the sale.
- Unless the contract says otherwise, the seller carries the risk of a fire or other major loss until the buyer takes title or moves in.
Does a New York contract of sale have to be in writing?
Yes. Section 5-703 of the General Obligations Law says a contract for the sale of real property is void unless it, or some note or memo of it that states the price, is in writing. It has to be signed by the person it’s enforced against, or by an agent they named in writing.
A handshake, a text thread or a voicemail won’t hold up. That cuts both ways. A buyer who says “we have a deal” on the phone can walk away, and so can you.
The flip side matters just as much. The New York State Bar Association warns that a short paper called a binder, receipt or purchase offer may itself be a binding contract. Before you sign anything a buyer hands you, make sure it says it’s subject to attorney review, or that you’re fine being held to it as written.
If you’re still at the “should I sell on my own?” stage, our New York FSBO guide walks through the whole sale. This page covers the contract itself.
Who writes the contract in a New York by-owner sale?
It depends on where you live. The State Bar’s guide says the paper is usually prepared on the seller’s side. Upstate, that’s often a real estate agent’s form. Downstate, it’s usually the seller’s attorney. When an agent fills in a form, it’s usually subject to approval by both sides’ attorneys within a short window.
With no listing agent, that leaves you three paths:
- Hire a New York real estate attorney to draft the contract and send it to the buyer’s attorney.
- Let the buyer’s agent or attorney draft it, then read every page and have it reviewed before you sign.
- Start from a regional form used in your area, with an attorney approval clause, and get it reviewed.
Regional forms come with regional habits. In the Buffalo area, the form approved by the local Realtor association and the Erie County bar lets either attorney cancel within a few business days, for any reason. Our Buffalo FSBO guide explains how that played out in a real case.
What should a New York FSBO contract of sale include?
The State Bar lists the basics: the parties, the price and how it’s paid, a full description of the property, the type of deed, the quality of title, any personal property included, the possession date and the closing date. Here’s how that turns into actual clauses.
| Clause | What to write | New York point to watch |
|---|---|---|
| Parties | Every owner on the deed and every buyer, by full legal name | Each seller must sign; § 5-703 binds only the person who signs |
| Property | Street address, tax map number and the legal description from your deed | The county clerk will need the same description on the deed |
| Price and payment | Price, deposit, mortgage amount and balance due at closing | The price is what the TP-584 transfer tax return is based on |
| Deed and title | The type of deed you’ll give and what title the buyer accepts | Upstate, a warranty deed is common, the State Bar says |
| Personal property | Appliances, window units, sheds and anything else that stays | List it; don’t leave “fixtures” to a later argument |
| Mortgage contingency | Loan amount, deadline for a commitment, and the deposit refund if it fails | The State Bar says the deposit should come back if the loan falls through |
| Attorney approval | Which attorneys approve and by what date | Upstate forms often allow cancellation for any reason in the window |
| Disclosure | That the buyer got your signed Property Condition Disclosure Statement | Real Property Law § 462: before the buyer signs |
| Possession and closing | Closing date, keys, and any rent-back if you stay after closing | The bar says attorneys can set terms for a rent-back |
| Risk of loss | Who bears damage before closing, if not the default rule | General Obligations Law § 5-1311 applies unless you change it |
Our general for sale by owner contract guide covers clauses that work in any state. The ones above are where New York adds its own rules.
When do you give the disclosure statement?
Before the buyer signs a binding contract. Real Property Law § 462 requires a signed Property Condition Disclosure Statement for most one to four family homes. The State Bar notes that since March 2024, you can’t offer a $500 credit instead.
Build that order into your timeline. Sign the form, give it to the buyer, get their signed receipt, then sign the contract. If an answer becomes wrong before closing, § 464 says you give the buyer a revised form. Our New York disclosure guide goes through the form question by question.
For a home built before 1978, the federal lead paint rules also apply. You give the EPA pamphlet and a lead disclosure form, and the buyer gets 10 days to test unless they waive it in writing. See our lead-based paint guide for the details.
Which other New York notices go with the contract?
Two state rules often get missed in a by-owner deal.
Agricultural district notice. Under Agriculture and Markets Law § 310, if any part of the property is in a state agricultural district, the seller must give the buyer a notice when a purchase contract is presented. The law spells out the words. It warns of farm noise, dust and odors, and says water or sewer access may be affected. Both sides sign it before the sale, and its receipt is noted on the RP-5217 transfer report filed with the deed.
Smoke alarm affidavit. Executive Law § 378 requires working smoke alarms in one- and two-family homes, condos and co-op units. When you sell, you hand the buyer an affidavit at closing saying you comply. The buyer then has 10 days to tell you if an alarm doesn’t work, and you pay to fix it.
Neither one costs much. Both are easy to forget when no agent is keeping a checklist, so add them to yours. Our paperwork checklist covers the rest of the file.
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Buy a home →Who bears the risk if the house is damaged before closing?
New York has a default answer, and many sellers don’t know it. General Obligations Law § 5-1311, the Uniform Vendor and Purchaser Risk Act, reads into every contract these rules, unless the contract says something else:
- Before the buyer gets title or moves in, if all or a material part of the home is destroyed through no fault of the buyer, you can’t enforce the contract. The buyer gets back what they paid.
- If only a minor part is destroyed, the deal goes ahead with a lower price.
- Once the buyer has title or possession, the risk shifts to them.
In plain terms: keep your homeowners insurance in force until closing. If you agree to let the buyer move in early, the risk moves with the keys, so write down who insures what.
How should the deposit and contingencies work?
Name a neutral escrow holder in the contract, often one of the attorneys, and say exactly when the deposit is released or returned. Avoid taking a deposit into your own account with no written terms.
Give every contingency a date. Common ones are the mortgage commitment, the home inspection and attorney approval. The State Bar notes that New York home inspectors, other than architects and engineers, must be licensed and give a written report within 5 business days of the inspection. A buyer can also agree to buy “as is” if the contract says so.
Taxes come up here too. In New York, the seller normally pays the state transfer tax of $2 per $500, and the buyer pays the 1% mansion tax at $1 million and up. Our transfer tax guide has examples by price. Once you sign, our guide on what to do after you accept an offer covers the weeks to closing.
Do you need an attorney for a New York contract of sale?
We didn’t find a New York rule that makes a seller hire one. It’s your choice. Still, the State Bar’s advice is to talk to an attorney before you sign anything, or right after you sign a contract that’s subject to attorney approval. In practice, most New York sales have attorneys on both sides. Our guide on whether you need a lawyer in New York covers costs and roles.
And the agent question? Not required either; also your choice. An agent handles pricing, showings and offers for a fee. Selling by owner, you do that work yourself. Either way, the contract rules above are the same.
More New York guides: Sell Your House by Owner in Rochester, NY: Fees and Steps (2026).
More New York guides: Sell Your House by Owner in Syracuse, NY: Costs and Rules (2026).
New York FSBO contract questions
Can I write my own contract to sell my house in New York?
Yes. It must be in writing and signed, and it should state the price. Many sellers still have an attorney draft or review it, since local forms and practice differ upstate and downstate.
Is a binder legally binding in New York?
It can be. The State Bar warns that a binder, receipt or purchase offer may be a binding contract. Make it subject to attorney review before you sign.
When must a New York seller give the disclosure statement?
Before the buyer signs a binding contract of sale, under Real Property Law § 462. Since March 2024, a $500 credit no longer replaces the form.
What is the agricultural district disclosure in New York?
A notice set by Agriculture and Markets Law § 310 for land partly or wholly in an agricultural district. Seller and buyer sign it before the sale.
Who is responsible if the house burns down before closing in New York?
Usually the seller. Under General Obligations Law § 5-1311, if a material part is destroyed before title or possession passes, the buyer can get the deposit back, unless the contract says otherwise.
Do I need a smoke detector affidavit to sell a house in New York?
Yes, for a one- or two-family home, condo or co-op. You give it to the buyer at closing, and they have 10 days to report an alarm that doesn’t work.
Do I need an attorney to sell my house by owner in New York?
We found no rule that requires one. It’s your choice, though most New York sales use attorneys on both sides for the contract and closing.
Reviewed by Beycome Brokerage Realty LLC, a licensed real estate brokerage. Licenses: beycome.com/faq/how-to/are-you-a-licensed-broker/.
Statute text read on nysenate.gov on October 31, 2026. The State Bar’s description of who drafts the contract is general practice, not law, and local forms vary by county.
This is general information, not legal advice. Have a New York real estate attorney review your contract before you sign.
Sources
- New York General Obligations Law § 5-703, contracts concerning real property required to be in writing: nysenate.gov, read October 31, 2026.
- New York General Obligations Law § 5-1311, Uniform Vendor and Purchaser Risk Act: nysenate.gov, read October 31, 2026.
- New York Agriculture and Markets Law § 310, agricultural district disclosure: nysenate.gov, read October 31, 2026.
- New York Executive Law § 378 (5-b), smoke alarm affidavit at conveyance: nysenate.gov, read October 31, 2026.
- New York Real Property Law § 462, Property Condition Disclosure Statement: nysenate.gov.
- New York State Bar Association, LEGALEase: Buying and Selling Real Estate: nysba.org, read October 31, 2026.
- EPA, Real Estate Disclosures About Potential Lead Hazards: epa.gov.
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