Updated October 2026. New York Real Property Law, Article 14, read on the New York State Senate site on October 31, 2026.
New York sellers of one to four family homes must give the buyer a signed Property Condition Disclosure Statement before the buyer signs the contract. As of October 2026, the form in Real Property Law § 462 has 56 questions, and the old $500 credit that let you skip it ended on March 20, 2024. Condos and co-ops are outside the form.
Beycome doesn’t list homes in New York yet. This guide explains the disclosure law for anyone selling a New York home.
Jump to: 🏠 Who must disclose · 📋 The 56 questions · 💲 The $500 credit · ⏱️ Timing · ⚖️ Liability · ❓ FAQ
Key takeaways
- The form is written into the statute itself, so every seller uses the same 56 questions.
- You answer from your actual knowledge. The law says you don’t have to inspect or check public records.
- Since March 20, 2024, a seller can no longer hand over a $500 credit instead of the form.
- If an answer becomes wrong before closing or move-in, you owe the buyer a revised form.
Who must fill out the New York property condition disclosure?
Every seller of “residential real property” under a purchase contract, unless the sale is exempt. The law defines that as land with a one to four family home that someone lives in or plans to live in.
Three kinds of property sit outside the definition: vacant land meant for a future home, condo units and co-op apartments, and HOA property the seller doesn’t own outright. If you’re selling a condo or co-op, the buyer will lean on the offering plan, board minutes and financials instead.
Section 463 then lists 14 exempt transfers. The ones owners meet most often are:
- A sale by an executor, trustee, guardian or conservator during the administration of an estate or trust.
- A transfer between co-owners, to a spouse, or to a direct relative such as a child or parent.
- A transfer between spouses under a divorce decree or settlement.
- A new home that no one has lived in.
- Foreclosure, deed in lieu, sheriff’s sales and other court-ordered transfers.
If none of these fits, assume the form applies. Selling on your own doesn’t change that. For a wider look at disclosure in every state, see our seller disclosure guide.
What questions are on the New York disclosure form?
The form is printed word for word in § 462(2). You can’t swap in a shorter version. Each question takes Yes, No, Unknown or Not applicable, and you explain any Yes in the space at the end.
| Section | Questions | What it asks about |
|---|---|---|
| General information | 1 to 9 | How long you’ve owned and lived there, age of the house, leases and easements, ownership claims, shared walls or driveways, special fees, certificates of occupancy |
| Environmental | 10 to 27 | FEMA flood zones, flood insurance and claims, elevation certificate, wetlands, farm districts, landfill, fuel tanks, asbestos, lead plumbing, radon, spills, mold |
| Structural | 28 to 33 | Rot, water, fire or smoke damage, pests, roof type and age, structural defects |
| Mechanical systems and services | 34 to 56 | Water source, sewer or septic, electric service, flooding and seepage, plumbing, alarms, sump pump, foundation, walls, floors, chimney, deck, driveway, heating, cooling, water heater, school district |
The flood block is the part most sellers haven’t seen before. Questions 10 to 17 ask whether the home is in a FEMA floodplain, in the 100-year or 500-year zone, whether federal law requires flood insurance, whether you or a past owner got federal flood aid, whether there’s a policy or an elevation certificate, and whether anyone filed a flood claim. Two more, 38 and 39, ask about standing water and water coming in.
Where the form says to attach something, do it. That covers the flood policy, the elevation certificate, radon, mold and pest reports, and any spill testing. Not sure about a fact? “Unknown” is an honest answer. Guessing is not.
Can you still give a $500 credit instead of the form?
No. The old § 465 said that if a seller didn’t deliver the form before the buyer signed, the buyer got a $500 credit against the price at closing. In effect, a seller could pay $500 and never fill in the form.
The legislature replaced that section. Since March 20, 2024, § 465 just says the article doesn’t limit any other claim, and a seller is liable for actual damages for a willful failure to meet the rules. The New York State Bar Association’s 2025 guide confirms the amendment “removed the option to provide a $500 credit.”
So you fill in the form. Older guides that still mention the credit are out of date.
When do you give the buyer the disclosure statement?
Before the buyer signs a binding contract of sale. You can deliver it to the buyer or to the buyer’s agent. Then a copy signed by both of you is attached to the contract.
Many sellers have it ready when the home goes on the market and hand it out with the listing details. That way no offer stalls while you dig up the age of the roof.
If you learn something new that makes an answer materially wrong, § 464 says you deliver a revised statement as soon as you can. That duty ends at closing or when the buyer moves in, whichever comes first. The disclosure is one piece of a bigger file, so keep our paperwork checklist close by.
What happens if you get the disclosure wrong?
Under § 465, a seller who gives the form, or gives or fails to give a revised form, is liable only for a willful failure to follow the article. For that, the seller owes the buyer’s actual damages, on top of any other legal remedy.
Sell smarter
List your home on the MLS from $99
A flat fee instead of a percentage, and $0 to Beycome at closing. You stay in control of your sale.
Sell your home →Buy smarter
Get up to 2% back at closing
On homes listed by other agents, Beycome credits you up to 2% of the price at closing (1% kept, $1,499 minimum; not on FSBO homes or homes listed by Beycome sellers).
Buy a home →The form also says a knowingly false or incomplete answer may expose you to claims before or after closing. And the statute keeps every other claim alive, so fraud and contract claims still exist. Honest, careful answers are your best protection.
What about agents? Under § 466, a listing agent must tell the seller about these duties in time, and a buyer’s agent must tell the buyer about their rights. If you sell by owner, nobody has that job for you, which is one more reason to read the form slowly.
Can you sell a house as is in New York and skip the disclosure?
You can sell as is. You can’t skip the form because of it. Section 462 says nothing in the article stops buyer and seller from agreeing to an “as is” sale. It still requires the form unless the sale is exempt.
In practice, as is means you won’t fix things or give repair credits. The buyer still learns what you know. The form says it is not a warranty, and it isn’t a stand-in for the buyer’s own inspection.
What other disclosures apply to a New York sale?
For homes built before 1978, federal law adds the lead-based paint disclosure and the EPA pamphlet. The buyer gets a 10-day window to test for lead, which they can waive. The New York form also nudges buyers of older homes to look into lead paint.
Your contract, your attorney and your town may add more. In New York City, the transfer tax packet includes a smoke detector affidavit. Our for sale by owner contract guide covers where disclosures fit in the contract, and our guide to disclosures and listing strategy shows how to present them to buyers.
Looking up your tax bill or school district for question 56? Our New York property tax lookup guide lists where to search.
More New York guides: How to Sell Your House in New York Without a Realtor (2026), New York Real Estate Transfer Tax and Mansion Tax: Who Pays and How Much (2026), Do You Need a Lawyer to Sell a House in New York? (2026), Sell Your House by Owner in Buffalo, NY: Taxes, Fees and Steps (2026).
New York disclosure questions
Is the property condition disclosure required in New York?
Yes, for sellers of one to four family homes, unless the transfer is exempt under § 463. You give the signed form to the buyer before they sign a binding contract.
Can I give the buyer $500 instead of the disclosure form?
No. The $500 credit was removed effective March 20, 2024. You now complete the form.
How many questions are on the New York disclosure form?
56, as of October 2026. They cover general facts, the environment and flood risk, the structure, and the home’s systems.
Do condo and co-op sellers in New York fill out the form?
No. Condo units and co-op apartments are outside the law’s definition of residential real property.
Do I have to hire an inspector to fill out the form?
No. Section 462(3) says a seller doesn’t have to inspect the home or check public records. You answer from what you actually know.
What if I find a problem after the buyer signs?
Give the buyer a revised statement as soon as you can. The duty ends at closing or the buyer’s move-in, whichever comes first.
Is an estate sale exempt from the New York disclosure form?
A transfer by a fiduciary during the administration of an estate, trust, guardianship or conservatorship is exempt under § 463(7).
Reviewed by Beycome Brokerage Realty LLC, a licensed real estate brokerage. Licenses: beycome.com/faq/how-to/are-you-a-licensed-broker/.
Statute text from the New York State Senate’s Open Legislation site, read on October 31, 2026: Real Property Law §§ 462 to 466. The § 465 change took effect March 20, 2024.
This is general information, not legal advice. Ask a New York real estate attorney about your own sale.
Sources
- New York Real Property Law § 462, Property condition disclosure statement: nysenate.gov, read October 31, 2026.
- New York Real Property Law § 463, Exemptions: nysenate.gov, read October 31, 2026.
- New York Real Property Law § 464, Revision: nysenate.gov, read October 31, 2026.
- New York Real Property Law § 465, Liability, with the earlier “Remedy” text effective until March 20, 2024: nysenate.gov, read October 31, 2026.
- New York Real Property Law § 466, Duty of an agent: nysenate.gov, read October 31, 2026.
- New York State Bar Association, LEGALEase: Buying and Selling Real Estate (2025): nysba.org, read October 31, 2026.
- NYC Department of Finance, Real Property Transfer Tax: nyc.gov, read October 31, 2026.
- EPA, Real Estate Disclosures About Potential Lead Hazards: epa.gov.
Disclosure & Disclaimer
Beycome provides real estate services through affiliated licensed brokerages and has a commercial interest in the services and business models discussed on this blog. Content reflects Beycome’s perspective and may promote our services; it should not be treated as independent or neutral reporting.
Articles are provided for general informational and educational purposes only, not as financial, tax, legal, or investment advice or a recommendation for your particular situation. Reading this blog does not create a brokerage, advisory, or other professional relationship.
Information, opinions, pricing, service descriptions, and comparisons reflect the sources and information available when an article was published or last updated and may change. Although we aim for accuracy, we do not guarantee that all content is complete, current, or applicable to your circumstances. Laws, market conditions, and service availability vary by location. Examples and estimated savings are illustrative, depend on stated assumptions, and do not guarantee individual results.
Verify relevant information directly and consult qualified professionals before making decisions. Beycome services are subject to applicable agreements, eligibility requirements, and state-specific terms.
