2012 New York Consolidated Laws
RPP - Real Property
Article 14 - (460 - 467) 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.