LOCAL RULES

New York seller's disclosure requirements

Your New York seller's disclosure has 3 rules to meet. ReportDraft puts every one on your checklist and checks your draft before you sign.

  • The statement delivered before the buyer signs the contract
  • Every question answered, UNKN or NA where it fits
  • A revised statement if something changes before closing
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A New York seller of a one to four family home gives the buyer a Property Condition Disclosure Statement before the buyer signs a binding contract of sale: 56 questions on title, flood risk, environmental conditions, structure and systems, answered from the seller's actual knowledge and signed by seller and buyer. Here is each rule with a link to the statute.

Last reviewed October 25, 2026 against the official sources listed below.

Seller's disclosureNEW YORK / FREE CALCULATOR

Delivery and deadlines

WhatWhenRule
Statement delivered to the buyer or the buyer's agentBefore the buyer signs a binding contract of sale (November 2, 2026)Real Property Law s. 462 (1)
Delivered after the buyer signed: the law requires delivery beforeOn November 5, 2026Real Property Law s. 462 (1)
A copy signed by seller and buyer attached to the purchase contractWith the contractReal Property Law s. 462 (1)
A revised statement if the seller learns something that makes it materially inaccurateAs soon as practicable, until title passes or the buyer occupiesReal Property Law s. 464

Dates count from the dates entered. The contract itself may set other deadlines; check it.

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What New York requires

  • The seller completes and signs the statement and has it delivered to the buyer or the buyer's agent before the buyer signs a binding contract of sale; a copy signed by seller and buyer is attached to the purchase contractN.Y. Real Property Law s. 462 (1)
  • The Act covers contracts of sale or exchange, leases with an option or obligation to purchase and installment land sale contracts for one to four family homes; condominium units, cooperative apartments and homeowners' association property not owned in fee simple are not coveredN.Y. Real Property Law s. 461 (4) and (5)
  • The seller answers every question from actual knowledge, checks NA where an item does not apply and UNKN where the seller does not know, and completes the form personallyN.Y. Real Property Law s. 462 (2), instructions to the seller
  • Knowledge means only the seller's actual knowledge; the seller does not have to investigate, inspect or check public recordsN.Y. Real Property Law s. 461 (3) and 462 (3)
  • A seller who learns something that makes the statement materially inaccurate delivers a revised statement as soon as practicable, but not after title passes or the buyer occupies, whichever is earlierN.Y. Real Property Law s. 464
  • No statement is needed for transfers by court order, foreclosure or power of sale, to a mortgagee, by a fiduciary, between co-owners, to a spouse or lineal relatives, between spouses on divorce, to or from a government, of never-inhabited new construction, by a sheriff, or in a partition actionN.Y. Real Property Law s. 463
  • A seller is liable only for a willful failure to provide the statement or a revised one, for the buyer's actual damages, on top of other remediesN.Y. Real Property Law s. 465
  • The seller's listing agent informs the seller of these obligations in time, and the buyer's agent (or the seller's agent dealing with an unrepresented buyer) informs the buyer of the buyer's rights before the buyer signs a binding contractN.Y. Real Property Law s. 466

Which sales need the statement

The statement covers contracts to sell or exchange a one to four family home, leases with an option or obligation to purchase, and installment land sale contracts. Condominium units, cooperative apartments and homeowners' association property the seller does not own in fee simple are outside it, and so are transfers by court order, foreclosure, fiduciaries, co-owners, family members, divorce, governments, sheriffs, partition actions and never-inhabited new construction.

Answering the 56 questions

The seller completes the form personally and answers every question from actual knowledge: YES, NO, UNKN when the seller does not know, or NA when it does not apply. The seller does not have to investigate or check public records. The flood questions ask about FEMA floodplains, the 100-year and 500-year flood zones, federal flood insurance requirements, disaster assistance, flood insurance, elevation certificates and flood claims.

Delivery, revisions and agents

The statement goes to the buyer or the buyer's agent before the buyer signs a binding contract of sale, and a copy signed by both is attached to the purchase contract. If the seller later learns something that makes it materially inaccurate, the seller delivers a revised statement as soon as practicable, until title passes or the buyer moves in.

The listing agent tells the seller about these duties, and the buyer's agent tells the buyer about the buyer's rights before the contract is signed. A seller is liable only for a willful failure, for the buyer's actual damages.

Common mistakes

  • Using an old printed copy of the form: the current statute has 56 questions, including flood questions 10 to 17.
  • Letting the agent fill in the answers: the form tells the seller to complete it personally.
  • Leaving questions blank instead of checking UNKN or NA.
  • Forgetting to attach the copy signed by seller and buyer to the purchase contract.

Sources

Last reviewed October 25, 2026. Next review due January 25, 2027. This page explains published rules to help you write your report. It is not legal advice; the official text linked above governs.