New York seller's disclosure template

Set up for New York

• 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

Also required in New York

These rules are about how and when you report, not the template's fields. Check them before you deliver.

• 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)
• 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

What is in it

• Instructions and seller's statementThe statutory instructions to the seller and the seller's statement.
• General informationQuestions 1 to 3.
• General information (4 to 9)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., 5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY? (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? (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? (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? (IF YES, EXPLAIN BELOW), 9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY? (IF NO, EXPLAIN BELOW)
• EnvironmentalThe notes to the seller and to the buyer before the environmental questions.
• Environmental (10 to 27)10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA) DESIGNATED FLOODPLAIN? (IF YES, EXPLAIN BELOW), 11. IS ANY OR ALL OF THE PROPERTY LOCATED WHOLLY OR PARTIALLY IN THE SPECIAL FLOOD HAZARD AREA ("SFHA"; "100-YEAR FLOODPLAIN") ACCORDING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA'S) CURRENT FLOOD INSURANCE RATE MAPS FOR YOUR AREA? (IF YES, EXPLAIN BELOW), 12. IS ANY OR ALL OF THE PROPERTY LOCATED WHOLLY OR PARTIALLY IN A MODERATE RISK FLOOD HAZARD AREA ("500-YEAR FLOODPLAIN") ACCORDING TO FEMA'S CURRENT FLOOD INSURANCE RATE MAPS FOR YOUR AREA? (IF YES, EXPLAIN BELOW), 13. IS THE PROPERTY SUBJECT TO ANY REQUIREMENT UNDER FEDERAL LAW TO OBTAIN AND MAINTAIN FLOOD INSURANCE ON THE PROPERTY? (IF YES, EXPLAIN BELOW) HOMES IN THE SPECIAL FLOOD HAZARD AREA, ALSO KNOWN AS HIGH RISK FLOOD ZONES, ON FEMA'S FLOOD INSURANCE RATE MAPS WITH MORTGAGES FROM FEDERALLY REGULATED OR INSURED LENDERS ARE REQUIRED TO OBTAIN AND MAINTAIN FLOOD INSURANCE. EVEN WHEN NOT REQUIRED, FEMA ENCOURAGES HOMEOWNERS IN HIGH RISK, MODERATE RISK, AND LOW RISK FLOOD ZONES TO PURCHASE FLOOD INSURANCE THAT COVERS THE STRUCTURE(S) AND THE PERSONAL PROPERTY WITHIN THE STRUCTURE(S). ALSO NOTE THAT HOMES IN COASTAL AREAS MAY BE SUBJECT TO INCREASED RISK OF FLOODING OVER TIME DUE TO PROJECTED SEA LEVEL RISE AND INCREASED EXTREME STORMS CAUSED BY CLIMATE CHANGE WHICH MAY NOT BE REFLECTED IN CURRENT FLOOD INSURANCE RATE MAPS., 14. HAVE YOU EVER RECEIVED ASSISTANCE, OR ARE YOU AWARE OF ANY PREVIOUS OWNERS RECEIVING ASSISTANCE, FROM THE FEDERAL EMERGENCY MANAGEMENT AGENCY (FEMA), THE U.S. SMALL BUSINESS ADMINISTRATION (SBA), OR ANY OTHER FEDERAL DISASTER FLOOD ASSISTANCE FOR FLOOD DAMAGE TO THE PROPERTY? (IF YES, EXPLAIN BELOW) FOR PROPERTIES THAT HAVE RECEIVED FEDERAL DISASTER ASSISTANCE, THE REQUIREMENT TO OBTAIN FLOOD INSURANCE PASSES DOWN TO ALL FUTURE OWNERS. FAILURE TO OBTAIN AND MAINTAIN FLOOD INSURANCE CAN RESULT IN AN INDIVIDUAL BEING INELIGIBLE FOR FUTURE ASSISTANCE., 15. IS THERE FLOOD INSURANCE ON THE PROPERTY? (IF YES, ATTACH A COPY OF THE POLICY) A STANDARD HOMEOWNER'S INSURANCE POLICY TYPICALLY DOES NOT COVER FLOOD DAMAGE. YOU ARE ENCOURAGED TO EXAMINE YOUR POLICY TO DETERMINE WHETHER YOU ARE COVERED., 16. IS THERE A FEMA ELEVATION CERTIFICATE AVAILABLE FOR THE PROPERTY? (IF YES, ATTACH A COPY OF THE CERTIFICATE) AN ELEVATION CERTIFICATE IS A FEMA FORM, COMPLETED BY A LICENSED SURVEYOR OR ENGINEER. THE FORM PROVIDES CRITICAL INFORMATION ABOUT THE FLOOD RISK OF THE PROPERTY AND IS USED BY FLOOD INSURANCE PROVIDERS UNDER THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP) TO HELP DETERMINE THE APPROPRIATE FLOOD INSURANCE RATING FOR THE PROPERTY. A BUYER MAY BE ABLE TO USE THE ELEVATION CERTIFICATE FROM A PREVIOUS OWNER FOR THEIR FLOOD INSURANCE POLICY., 17. HAVE YOU EVER FILED A CLAIM FOR FLOOD DAMAGE TO THE PROPERTY WITH ANY INSURANCE PROVIDER, INCLUDING THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP)? (IF YES, EXPLAIN BELOW), 18. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND? (IF YES, EXPLAIN BELOW), 19. IS THE PROPERTY LOCATED IN AN AGRICULTURAL DISTRICT? (IF YES, EXPLAIN BELOW), 20. WAS THE PROPERTY EVER THE SITE OF A LANDFILL? (IF YES, EXPLAIN BELOW), 21. ARE THERE OR HAVE THERE EVER BEEN FUEL STORAGE TANKS ABOVE OR BELOW THE GROUND ON THE PROPERTY?, 21. IF YES, ARE THEY CURRENTLY IN USE?, 21. ARE THEY LEAKING OR HAVE THEY EVER LEAKED? (IF YES, EXPLAIN BELOW), 22. IS THERE ASBESTOS IN THE STRUCTURE? (IF YES, STATE LOCATION OR LOCATIONS BELOW), 23. IS LEAD PLUMBING PRESENT? (IF YES, STATE LOCATION OR LOCATIONS BELOW), 24. HAS A RADON TEST BEEN DONE? (IF YES, ATTACH A COPY OF THE REPORT), 25. 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? (IF YES, DESCRIBE BELOW), 26. 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? (IF YES, ATTACH REPORT(S)), 27. HAS THE PROPERTY BEEN TESTED FOR INDOOR MOLD? (IF YES, ATTACH A COPY OF THE REPORT)
• Structural (28 to 33)28. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR STRUCTURES? (IF YES, EXPLAIN BELOW), 29. IS THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES? (IF YES, EXPLAIN BELOW), 30. IS THERE ANY TERMITE, INSECT, RODENT OR PEST INFESTATION OR DAMAGE? (IF YES, EXPLAIN BELOW), 31. HAS THE PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST INFESTATION OR DAMAGE? (IF YES, PLEASE ATTACH REPORT(S)), 32. WHAT IS THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)? ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANSFERABLE WARRANTY ON THE ROOF IN EFFECT NOW? (IF YES, EXPLAIN BELOW), 33. ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR PARTITIONS? (IF YES, EXPLAIN BELOW)
• Mechanical systems and services (34 to 39)34. WHAT IS THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE, MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED?, 35. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? (IF YES, DESCRIBE BELOW), 36. 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? (IF YES, EXPLAIN BELOW) More information on "septic system operation and maintenance" can be found on the NYS Department of Health website in the informational health pamphlet made available by the Department of Health pursuant to section 396-s of NYS general business law., 37. 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? (IF YES, EXPLAIN BELOW), 38. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED IN STANDING WATER ON ANY PORTION OF THE PROPERTY? (IF YES, STATE LOCATIONS AND EXPLAIN BELOW), 39. HAS THE STRUCTURE(S) EXPERIENCED ANY WATER PENETRATION OR DAMAGE DUE TO SEEPAGE OR A NATURAL FLOOD EVENT, SUCH AS FROM HEAVY RAINFALL, COASTAL STORM SURGE, TIDAL INUNDATION OR RIVER OVERFLOW? (IF YES, EXPLAIN BELOW)
• ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF YES, EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):40. PLUMBING SYSTEM?, 41. SECURITY SYSTEM?, 42. CARBON MONOXIDE DETECTOR?, 43. SMOKE DETECTOR?, 44. FIRE SPRINKLER SYSTEM?, 45. SUMP PUMP?, 46. FOUNDATION/SLAB?, 47. INTERIOR WALLS/CEILINGS?, 48. EXTERIOR WALLS OR SIDING?, 49. FLOORS?, 50. CHIMNEY/FIREPLACE OR STOVE?, 51. PATIO/DECK?, 52. DRIVEWAY?, 53. AIR CONDITIONER?, 54. HEATING SYSTEM?, 55. HOT WATER HEATER?
• School district and explanationsQuestion 56 and the seller's further explanation of any item.

Rules last reviewed October 25, 2026. Read the full New York seller's disclosure requirements.