Does a home seller have to disclose the property’s condition in New York?
In New York, every seller of a one- to four-family home must complete and sign the statutory property condition disclosure statement and have it delivered to the buyer or the buyer’s agent before the buyer signs a binding contract of sale, with a copy signed by both attached to the contract, and a seller who willfully fails to comply is liable for the buyer’s actual damages. The statement does not cover condominium units, cooperative apartments, unimproved land or property in a homeowners’ association that the seller does not own in fee simple, and the form asks whether the property is in a FEMA floodplain or flood hazard area. A seller who learns something that makes the statement materially inaccurate must deliver a revised statement as soon as practicable, but not after title passes or the buyer moves in. Transfers under a court order, foreclosures, transfers between co-owners or to a spouse or lineal relative, and newly built homes never lived in are exempt. Federal law separately requires a lead-based paint disclosure when selling most homes built before 1978. This is N.Y. Real Prop. Law §§ 462, 463, 465.
| What | New York |
|---|---|
| Seller disclosure | Required before the buyer signs the contract |
| Kind of rule | A written property condition statement is required |
What the statute says
“… 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 …”
Quoted word for word from the section’s text.
Source
N.Y. Real Prop. Law §§ 462, 463, 465
Read the statute in the New York Consolidated Laws (New York State Senate): nysenate.gov.
Checked against the statute on November 15, 2026.
This is a summary of a published statute, not legal advice. Rules change, local ordinances can add to them, and the terms of a specific lease may differ. Check the citation and speak to a lawyer before acting.
How Seayora uses this rule
This page states the state’s rule so the costs and paperwork of a sale can be checked against it before a contract is signed. An owner on Seayora keeps each property’s owners of record and its documents in one place.
Guides on this rule
- Seller Disclosure Requirements by State — Whether a home seller must give a written property condition disclosure, with the rule in each of the 48 jurisdictions with a statute.
Compare this rule in every state
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The same question in other states
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