2010 New York Code
RPP - Real Property
Article 12-A - (440 - 443-A) REAL ESTATE BROKERS AND REAL ESTATE SALESMEN
443-A - Disclosure obligations.

§   443-a.   Disclosure  obligations.  1.  Notwithstanding  any  other
  provision of law, it is not  a  material  defect  or  fact  relating  to
  property  offered  for  sale  or  lease,  including residential property
  regardless of the number of units contained therein, that:
    (a) an owner or occupant of the  property  is,  or  was  at  any  time
  suspected to be, infected with human immunodeficiency virus or diagnosed
  with  acquired immune deficiency syndrome or any other disease which has
  been determined  by  medical  evidence  to  be  highly  unlikely  to  be
  transmitted through occupancy of a dwelling place; or
    (b)  the  property  is,  or  is  suspected to have been, the site of a
  homicide, suicide or other death by accidental or natural causes, or any
  crime punishable as a felony.
    2. (a) No cause of action shall arise against an owner or occupant  of
  real property, or the agent of such owner or occupant, or the agent of a
  seller  or  buyer  of real property, for failure to disclose in any real
  estate transaction a fact or suspicion contained in subdivision  one  of
  this section.
    (b)  Failure  to  disclose a fact contained in subdivision one of this
  section to a transferee shall not be grounds for a  disciplinary  action
  against a real estate agent or broker licensed pursuant to this article.
    (c)  As  used in this section, the terms "agent", "buyer" and "seller"
  shall have the same meanings as such terms are defined in  section  four
  hundred forty-three of this article.
    3.  Notwithstanding  the  fact that this information is not a material
  defect or fact, if such information is important to the decision of  the
  buyer to purchase or lease the property, the buyer may, when negotiating
  or  making  a  bona  fide  offer,  submit  a  written  inquiry  for such
  information. The buyer or the agent  of  the  buyer  shall  provide  the
  written  request  to  the seller's agent or to the seller if there is no
  seller's agent. The seller may choose whether or not to respond  to  the
  inquiry.  The seller's agent, with the consent of the seller and subject
  to applicable laws regarding privacy,  shall  report  any  response  and
  information  to the buyer's agent or to the buyer if there is no buyer's
  agent. If there is no  seller's  agent,  the  seller  shall  inform  the
  buyer's agent, or the buyer if there is no buyer's agent, whether or not
  the seller chooses to provide a response.
    4.  This  section  shall  preempt  any local law inconsistent with the
  provisions of this section.

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