Dinowitz, Hyndman, Hevesi, Burdick, Kelles, Simon, De Los Santos, Seawright, Shimsky, Buttenschon,
Pheffer Amato
MLTSPNSR
Amd §§462 & 465, rpld §467, RP L
Requires disclosure of information concerning flood insurance on property condition disclosure statements; relates to liability with respect to property disclosures.
NEW YORK STATE ASSEMBLY MEMORANDUM IN SUPPORT OF LEGISLATION submitted in accordance with Assembly Rule III, Sec 1(f)
BILL NUMBER: A1967
SPONSOR: Carroll TITLE OF BILL:
An act to amend the real property law, in relation to requiring disclo-
sure of information concerning flood insurance on property condition
disclosure statements; and to repeal section 467 of the real property
law relating to liability with respect to property disclosures
SUMMARY OF PROVISIONS:
Sections 1 and 2 of the bill amend the Real Property Law to add new
questions relating to a property's flood history and flood insurance
requirements to the Property Condition Disclosure Statement set forth by
such section. Property owners would have to disclose whether the proper-
ty is located in a 100-year or 500-year floodplain according to FEMA's
flood insurance rate maps, whether the property is subject to require-
ments under federal law to obtain and maintain flood insurance, and the
property's flood insurance history.
Section 3 of the bill amends Section 465 of the Real Property Law to
strike subdivision 1, which currently provides that in the event that a
seller fails to provide the Property Condition Disclosure Statement to a
buyer prior to a sale, the buyer receives a $500 credit towards the sale
of the property. It also adds the provisions of Section 467 of the Real.
Property Law, which is repealed by the bill, to Section 465 of the Real
Property Law.
Section 4 of the bill repeals Section 467 of the Real Property Law.
Section 5 of the bill provides the effective date.
JUSTIFICATION:
New York's current flood risk disclosure laws require sellers of resi-
dential real property to provide buyers with a property condition
disclosure statement prior to the buyer signing a contract of sale.
Among other things, the statement requires the seller to disclose wheth-
er a property is located in a "designated floodplain," and whether there
are any flooding, drainage, or grading problems that have resulted in
standing water on the property.
The Natural Resources Defense Council (NRDC) currently gives New York's
flood risk disclosure law a failing grade, thanks in large part to the
fact that if a seller fails to provide the disclosure statement to the
buyer, the only penalty for doing so is that the seller has to provide
the buyer a $500 credit towards the purchase price of the property. This
negligible penalty leads many sellers to treat the requirement to
provide the disclosure statement as optional, and the $500 credit as
merely a cost of doing business. New York is unique in this regard, as
no other state has this opt-out credit option in law. The questions
relating to flood history and risk on New York's disclosure statement
are also in need of an update to conform with more comprehensive laws
passed in states such as Texas and Louisiana which provide buyers with
more specific information about the nature of the property's flood risk
and their obligation under federal law to obtain flood insurance for the
property.
New Yorkers deserve to be informed about the condition of residential
property they purchase and to be aware of any flood risks they might
face when buying or renting their homes, especially in an era where
so-called "100-year floods" are happening much more frequently due to
climate change.
This bill would update New York's disclosure statement to arm homebuyers
with more information and repeal the $500 credit, requiring sellers to
either provide the disclosure statement or risk being held liable for
failure to do so.
PRIOR LEGISLATIVE HISTORY:
A.7876/S.5472 of 2021-22 - the provisions of this legislation pertaining
to residential leases were included in and passed as A.7876-A/S.5472 and
signed into law by the Governor
FISCAL IMPLICATIONS FOR STATE AND LOCAL GOVERNMENTS:
To be determined.
EFFECTIVE DATE:
This act shall take effect on the one hundred eightieth day after it
shall have become a law
STATE OF NEW YORK
________________________________________________________________________
1967
2023-2024 Regular Sessions
IN ASSEMBLY
January 23, 2023
___________
Introduced by M. of A. CARROLL -- read once and referred to the Commit-
tee on Judiciary
AN ACT to amend the real property law, in relation to requiring disclo-
sure of information concerning flood insurance on property condition
disclosure statements; and to repeal section 467 of the real property
law relating to liability with respect to property disclosures
The People of the State of New York, represented in Senate and Assem-bly, do enact as follows:
1 Section 1. Subdivision 2 of section 462 of the real property law, as
2 added by chapter 456 of the laws of 2001, is amended to read as follows:
3 2. The following shall be the disclosure form:
4 PROPERTY CONDITION DISCLOSURE STATEMENT
5 NAME OF SELLER OR SELLERS:
6 PROPERTY ADDRESS:
7 THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN-
8 TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY THEREOF
9 TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE
10 BUYER OF A BINDING CONTRACT OF SALE.
11 PURPOSE OF STATEMENT: THIS IS A STATEMENT OF CERTAIN CONDITIONS AND
12 INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
13 STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT
14 REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR
15 ANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR
16 HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND
17 ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.
18 A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM
19 MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER PRIOR TO OR AFTER THE
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[] is old law to be omitted.
LBD04357-01-3
A. 1967 2
1 TRANSFER OF TITLE. [IN THE EVENT A SELLER FAILS TO PERFORM THE DUTY
2 PRESCRIBED IN THIS ARTICLE TO DELIVER A DISCLOSURE STATEMENT PRIOR TO
3 THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER SHALL
4 RECEIVE UPON THE TRANSFER OF TITLE A CREDIT OF FIVE HUNDRED DOLLARS
5 AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPER-
6 TY.]
7 "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO
8 FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU-
9 PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS,
10 BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH
11 DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE
12 APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT IS NOT
13 OWNED IN FEE SIMPLE BY THE SELLER.
14 INSTRUCTIONS TO THE SELLER:
15 (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
16 (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
17 REQUIRED.
18 (c) COMPLETE THIS FORM YOURSELF.
19 (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP-
20 PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).
21 SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO
22 THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN-
23 ING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT, IF ANY, TO
24 PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE RESIDEN-
25 TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER
26 AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.
27 GENERAL INFORMATION
28 1. HOW LONG HAVE YOU OWNED THE PROPERTY?
29 2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
30 3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF
31 THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI-
32 GATE FOR THE PRESENCE OF LEAD BASED PAINT.
33 4. DOES ANYBODY OTHER THAN YOURSELF HAVE A LEASE, EASEMENT OR ANY
34 OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN
35 THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS
36 RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS[.]? YES NO UNKN
37 NA
38 5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY? YES NO
39 UNKN NA (IF YES, EXPLAIN BELOW)
40 6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL
41 CLAIM CHALLENGING YOUR TITLE TO THE PROPERTY? YES NO UNKN NA (IF
42 YES, EXPLAIN BELOW)
43 7. ARE THERE ANY FEATURES OF THE PROPERTY SHARED IN COMMON WITH
44 ADJOINING LAND OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS,
45 FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW)
46 8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES FOR LINE EXTEN-
47 SIONS, SPECIAL ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES
48 THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
49 9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY? YES
50 NO UNKN NA (IF NO, EXPLAIN BELOW)
51 ENVIRONMENTAL
A. 1967 3
1 NOTE TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD-
2 ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW
3 TO HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY
4 OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY. PETROLEUM PRODUCTS MAY
5 INCLUDE, BUT ARE NOT LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING
6 FUEL, AND LUBRICANTS. HAZARDOUS OR TOXIC SUBSTANCES ARE PRODUCTS THAT
7 COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL HEALTH OR THE ENVIRON-
8 MENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED OR STORED. THESE
9 INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS, PESTICIDES AND INSECTI-
10 CIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER AND WOOD PRESERVA-
11 TIVES, TREATED WOOD, CONSTRUCTION MATERIALS SUCH AS ASPHALT AND ROOFING
12 MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS, BATTERIES, CLEANING
13 SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD CLEANERS AND POOL
14 CHEMICALS AND PRODUCTS CONTAINING MERCURY AND LEAD.
15 NOTE TO BUYER - IF CONTAMINATION OF THIS PROPERTY FROM PETROLEUM
16 PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO YOU, YOU
17 ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY.
18 10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A FEDERAL EMERGENCY
19 MANAGEMENT AGENCY (FEMA) DESIGNATED FLOODPLAIN? YES NO UNKN NA
20 (IF YES, EXPLAIN BELOW)
21 11. IS ANY OR ALL OF THE PROPERTY LOCATED WHOLLY OR PARTIALLY IN THE
22 SPECIAL FLOOD HAZARD AREA ("SFHA"; "100-YEAR FLOODPLAIN") ACCORD-
23 ING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA'S) CURRENT
24 FLOOD INSURANCE RATE MAPS FOR YOUR AREA? YES NO UNKN NA (IF YES,
25 EXPLAIN BELOW)
26 12. IS ANY OR ALL OF THE PROPERTY LOCATED WHOLLY OR PARTIALLY IN A
27 MODERATE RISK FLOOD HAZARD AREA ("500-YEAR FLOODPLAIN") ACCORDING
28 TO FEMA'S CURRENT FLOOD INSURANCE RATE MAPS FOR YOUR AREA? YES NO
29 UNKN NA (IF YES, EXPLAIN BELOW)
30 13. IS THE PROPERTY SUBJECT TO ANY REQUIREMENT UNDER FEDERAL LAW TO
31 OBTAIN AND MAINTAIN FLOOD INSURANCE ON THE PROPERTY? YES NO UNKN
32 NA (IF YES, EXPLAIN BELOW)
33 HOMES IN THE SPECIAL FLOOD HAZARD AREA, ALSO KNOWN AS HIGH RISK
34 FLOOD ZONES, ON FEMA'S FLOOD INSURANCE RATE MAPS WITH MORTGAGES
35 FROM FEDERALLY REGULATED OR INSURED LENDERS ARE REQUIRED TO OBTAIN
36 AND MAINTAIN FLOOD INSURANCE. EVEN WHEN NOT REQUIRED, FEMA ENCOUR-
37 AGES HOMEOWNERS IN HIGH RISK, MODERATE RISK, AND LOW RISK FLOOD
38 ZONES TO PURCHASE FLOOD INSURANCE THAT COVERS THE STRUCTURE(S) AND
39 THE PERSONAL PROPERTY WITHIN THE STRUCTURE(S). ALSO NOTE THAT
40 HOMES IN COASTAL AREAS MAY BE SUBJECT TO INCREASED RISK OF FLOOD-
41 ING OVER TIME DUE TO PROJECTED SEA LEVEL RISE AND INCREASED
42 EXTREME STORMS CAUSED BY CLIMATE CHANGE WHICH MAY NOT BE REFLECTED
43 IN CURRENT FLOOD INSURANCE RATE MAPS.
44 14. HAVE YOU EVER RECEIVED ASSISTANCE, OR ARE YOU AWARE OF ANY PREVI-
45 OUS OWNERS RECEIVING ASSISTANCE, FROM THE FEDERAL EMERGENCY
46 MANAGEMENT AGENCY (FEMA), THE U.S. SMALL BUSINESS ADMINISTRATION
47 (SBA), OR ANY OTHER FEDERAL DISASTER FLOOD ASSISTANCE FOR FLOOD
48 DAMAGE TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
49 FOR PROPERTIES THAT HAVE RECEIVED FEDERAL DISASTER ASSISTANCE, THE
50 REQUIREMENT TO OBTAIN FLOOD INSURANCE PASSES DOWN TO ALL FUTURE
51 OWNERS. FAILURE TO OBTAIN AND MAINTAIN FLOOD INSURANCE CAN RESULT
52 IN AN INDIVIDUAL BEING INELIGIBLE FOR FUTURE ASSISTANCE.
53 15. IS THERE FLOOD INSURANCE ON THE PROPERTY? YES NO UNKN NA (IF YES,
54 ATTACH A COPY OF THE POLICY)
A. 1967 4
1 A STANDARD HOMEOWNER'S INSURANCE POLICY TYPICALLY DOES NOT COVER
2 FLOOD DAMAGE. YOU ARE ENCOURAGED TO EXAMINE YOUR POLICY TO DETER-
3 MINE WHETHER YOU ARE COVERED.
4 16. IS THERE A FEMA ELEVATION CERTIFICATE AVAILABLE FOR THE PROPERTY?
5 YES NO UNKN NA (IF YES, ATTACH A COPY OF THE CERTIFICATE)
6 AN ELEVATION CERTIFICATE IS A FEMA FORM, COMPLETED BY A LICENSED
7 SURVEYOR OR ENGINEER. THE FORM PROVIDES CRITICAL INFORMATION ABOUT
8 THE FLOOD RISK OF THE PROPERTY AND IS USED BY FLOOD INSURANCE
9 PROVIDERS UNDER THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP) TO
10 HELP DETERMINE THE APPROPRIATE FLOOD INSURANCE RATING FOR THE
11 PROPERTY. A BUYER MAY BE ABLE TO USE THE ELEVATION CERTIFICATE
12 FROM A PREVIOUS OWNER FOR THEIR FLOOD INSURANCE POLICY.
13 17. HAVE YOU EVER FILED A CLAIM FOR FLOOD DAMAGE TO THE PROPERTY WITH
14 ANY INSURANCE PROVIDER, INCLUDING THE NATIONAL FLOOD INSURANCE
15 PROGRAM (NFIP)? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
16 18. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND?
17 YES NO UNKN NA (IF YES, EXPLAIN BELOW)
18 [12.] 19. IS THE PROPERTY LOCATED IN AN AGRICULTURAL DISTRICT? YES
19 NO UNKN NA (IF YES, EXPLAIN BELOW)
20 [13.] 20. WAS THE PROPERTY EVER THE SITE OF A LANDFILL? YES NO UNKN
21 NA (IF YES, EXPLAIN BELOW)
22 [14.] 21. ARE THERE OR HAVE THERE EVER BEEN FUEL STORAGE TANKS ABOVE
23 OR BELOW THE GROUND ON THE PROPERTY? YES NO UNKN NA IF YES,
24 ARE THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY
25 LEAKING OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES, EXPLAIN
26 BELOW)
27 [15.] 22. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES,
28 STATE LOCATION OR LOCATIONS BELOW)
29 [16.] 23. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE
30 LOCATION OR LOCATIONS BELOW)
31 [17.] 24. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A
32 COPY OF THE REPORT)
33 [18.] 25. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING
34 OIL OR ANY OTHER PETROLEUM PRODUCT, METHANE GAS, OR ANY HAZARDOUS
35 OR TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON
36 THE PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY? YES NO
37 UNKN NA (IF YES, DESCRIBE BELOW)
38 [19.] 26. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL,
39 MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL, OR ANY OTHER PETRO-
40 LEUM PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE?
41 YES NO UNKN NA (IF YES, ATTACH REPORT(S))
42 STRUCTURAL
43 [20.] 27. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR STRUC-
44 TURES? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
45 [21.] 28. IS THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUC-
46 TURES? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
47 [22.] 29. IS THERE ANY TERMITE, INSECT, RODENT OR PEST INFESTATION OR
48 DAMAGE? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
49 [23.] 30. HAS THE PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR
50 PEST INFESTATION OR DAMAGE? YES NO UNKN NA (IF YES, PLEASE ATTACH
51 REPORT(S))
52 [24.] 31. WHAT IS THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT,
53 OTHER.)? ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE
54 A TRANSFERABLE [WARRANTEE] WARRANTY ON THE ROOF IN EFFECT NOW? YES
55 NO UNKN NA (IF YES, EXPLAIN BELOW)
A. 1967 5
1 [25.] 32. ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING
2 STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR
3 PARTITIONS[.]? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
4 MECHANICAL SYSTEMS & SERVICES
5 [26.] 33. WHAT IS THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL,
6 PRIVATE, MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO
7 UNKN NA
8 [27.] 34. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO
9 UNKN NA (IF YES, DESCRIBE BELOW)
10 [28.] 35. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY -
11 PUBLIC SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)? IF SEPTIC OR
12 CESSPOOL, AGE? ________ DATE LAST PUMPED? ________ FREQUENCY OF
13 PUMPING? ________ ANY KNOWN MATERIAL DEFECTS? YES NO UNKN NA (IF
14 YES, EXPLAIN BELOW)
15 [29.] 36. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE
16 AMPERAGE? ________ DOES IT HAVE CIRCUIT BREAKERS OR FUSES?
17 ________ PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL
18 DEFECTS? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
19 [30.] 37. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT
20 RESULTED IN STANDING WATER ON ANY PORTION OF THE PROPERTY? YES NO
21 UNKN NA (IF YES, STATE LOCATIONS AND EXPLAIN BELOW)
22 [31. DOES THE BASEMENT HAVE SEEPAGE THAT RESULTS IN STANDING WATER?
23 YES NO UNKN NA (IF YES, EXPLAIN BELOW)] 38. HAS THE STRUCTURE(S)
24 EXPERIENCED ANY WATER PENETRATION OR DAMAGE DUE TO SEEPAGE OR A
25 NATURAL FLOOD EVENT, SUCH AS FROM HEAVY RAINFALL, COASTAL STORM
26 SURGE, TIDAL INUNDATION OR RIVER OVERFLOW? YES NO UNKN NA (IF
27 YES, EXPLAIN BELOW)
28 ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF YES,
29 EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):
30 [32.] 39. PLUMBING SYSTEM? YES NO UNKN NA
31 [33.] 40. SECURITY SYSTEM? YES NO UNKN NA
32 [34.] 41. CARBON MONOXIDE DETECTOR? YES NO UNKN NA
33 [35.] 42. SMOKE DETECTOR? YES NO UNKN NA
34 [36.] 43. FIRE SPRINKLER SYSTEM? YES NO UNKN NA
35 [37.] 44. SUMP PUMP? YES NO UNKN NA
36 [38.] 45. FOUNDATION/SLAB? YES NO UNKN NA
37 [39.] 46. INTERIOR WALLS/CEILINGS? YES NO UNKN NA
38 [40.] 47. EXTERIOR WALLS OR SIDING? YES NO UNKN NA
39 [41.] 48. FLOORS? YES NO UNKN NA
40 [42.] 49. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA
41 [43.] 50. PATIO/DECK? YES NO UNKN NA
42 [44.] 51. DRIVEWAY? YES NO UNKN NA
43 [45.] 52. AIR CONDITIONER? YES NO UNKN NA
44 [46.] 53. HEATING SYSTEM? YES NO UNKN NA
45 [47.] 54. HOT WATER HEATER? YES NO UNKN NA
46 [48.] 55. THE PROPERTY IS LOCATED IN THE
47 FOLLOWING SCHOOL DISTRICT UNKN
48 NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC RECORDS CONCERNING THE PROP-
49 ERTY (E.G. TAX RECORDS AND WETLAND AND [FLOOD PLAIN] FEMA'S CURRENT
50 FLOOD INSURANCE RATE MAPS AND ELEVATION CERTIFICATES)
A. 1967 6
1 THE SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF
2 NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI-
3 TIONAL PAGES ATTACHED.
4 ______________________________________________________________________
5 ______________________________________________________________________
6 ______________________________________________________________________
7 ______________________________________________________________________
8 SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN THIS
9 PROPERTY CONDITION DISCLOSURE STATEMENT IS TRUE AND COMPLETE TO THE
10 SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED BY THE SELLER. IF A
11 SELLER OF RESIDENTIAL REAL PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS
12 MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED
13 PREVIOUSLY, THE SELLER SHALL DELIVER A REVISED PROPERTY CONDITION
14 DISCLOSURE STATEMENT TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT,
15 HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI-
16 TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO
17 THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.
18 SELLER _______________________________________ DATE ________________
19 SELLER _______________________________________ DATE ________________
20 BUYER'S ACKNOWLEDGMENT: BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
21 STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT OF
22 CERTAIN CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE
23 SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT
24 AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR OTHER INSPECTIONS
25 OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.
26 BUYER _______________________________________ DATE ________________
27 BUYER _______________________________________ DATE ________________
28 § 2. Subdivision 2 of section 462 of the real property law, as amended
29 by chapter 690 of the laws of 2022, is amended to read as follows:
30 2. The following shall be the disclosure form:
31 PROPERTY CONDITION DISCLOSURE STATEMENT
32 NAME OF SELLER OR SELLERS:
33 PROPERTY ADDRESS:
34 THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN-
35 TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY THEREOF
36 TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE
37 BUYER OF A BINDING CONTRACT OF SALE.
38 PURPOSE OF STATEMENT: THIS IS A STATEMENT OF CERTAIN CONDITIONS AND
39 INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
40 STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT
41 REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR
42 ANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR
43 HER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND
44 ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.
45 A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM
46 MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER PRIOR TO OR AFTER THE
47 TRANSFER OF TITLE. [IN THE EVENT A SELLER FAILS TO PERFORM THE DUTY
48 PRESCRIBED IN THIS ARTICLE TO DELIVER A DISCLOSURE STATEMENT PRIOR TO
49 THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE, THE BUYER SHALL
50 RECEIVE UPON THE TRANSFER OF TITLE A CREDIT OF FIVE HUNDRED DOLLARS
A. 1967 7
1 AGAINST THE AGREED UPON PURCHASE PRICE OF THE RESIDENTIAL REAL PROPER-
2 TY.]
3 "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO
4 FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU-
5 PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS,
6 BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH
7 DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE
8 APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT IS NOT
9 OWNED IN FEE SIMPLE BY THE SELLER.
10 INSTRUCTIONS TO THE SELLER:
11 (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
12 (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
13 REQUIRED.
14 (c) COMPLETE THIS FORM YOURSELF.
15 (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP-
16 PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).
17 SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO
18 THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN-
19 ING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT, IF ANY, TO
20 PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE RESIDEN-
21 TIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE SELLER
22 AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.
23 GENERAL INFORMATION
24 1. HOW LONG HAVE YOU OWNED THE PROPERTY?
25 2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
26 3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF
27 THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI-
28 GATE FOR THE PRESENCE OF LEAD BASED PAINT.
29 4. DOES ANYBODY OTHER THAN YOURSELF HAVE A LEASE, EASEMENT OR ANY
30 OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN
31 THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS
32 RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA
33 5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY? YES NO
34 UNKN NA (IF YES, EXPLAIN BELOW)
35 6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL
36 CLAIM CHALLENGING YOUR TITLE TO THE PROPERTY? YES NO UNKN NA (IF
37 YES, EXPLAIN BELOW)
38 7. ARE THERE ANY FEATURES OF THE PROPERTY SHARED IN COMMON WITH
39 ADJOINING LAND OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS,
40 FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW)
41 8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES FOR LINE EXTEN-
42 SIONS, SPECIAL ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES
43 THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
44 9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY? YES
45 NO UNKN NA (IF NO, EXPLAIN BELOW)
46 ENVIRONMENTAL
47 NOTE TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD-
48 ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW
49 TO HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY
50 OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY. PETROLEUM PRODUCTS MAY
51 INCLUDE, BUT ARE NOT LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING
52 FUEL, AND LUBRICANTS. HAZARDOUS OR TOXIC SUBSTANCES ARE PRODUCTS OR
53 OTHER MATERIAL THAT COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL
A. 1967 8
1 HEALTH OR THE ENVIRONMENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED
2 OR STORED. THESE INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS, PESTI-
3 CIDES AND INSECTICIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER
4 AND WOOD PRESERVATIVES, TREATED WOOD, CONSTRUCTION MATERIALS SUCH AS
5 ASPHALT AND ROOFING MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS,
6 BATTERIES, CLEANING SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD
7 CLEANERS, POOL CHEMICALS, PRODUCTS CONTAINING MERCURY AND LEAD AND
8 INDOOR MOLD.
9 NOTE TO BUYER - IF CONTAMINATION OF THIS PROPERTY FROM PETROLEUM
10 PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO YOU, YOU
11 ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY.
12 10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A FEDERAL EMERGENCY
13 MANAGEMENT AGENCY (FEMA) DESIGNATED FLOODPLAIN? YES NO UNKN NA
14 (IF YES, EXPLAIN BELOW)
15 11. IS ANY OR ALL OF THE PROPERTY LOCATED WHOLLY OR PARTIALLY IN THE
16 SPECIAL FLOOD HAZARD AREA ("SFHA"; "100-YEAR FLOODPLAIN") ACCORD-
17 ING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA'S) CURRENT
18 FLOOD INSURANCE RATE MAPS FOR YOUR AREA? YES NO UNKN NA (IF YES,
19 EXPLAIN BELOW)
20 12. IS ANY OR ALL OF THE PROPERTY LOCATED WHOLLY OR PARTIALLY IN A
21 MODERATE RISK FLOOD HAZARD AREA ("500-YEAR FLOODPLAIN") ACCORDING
22 TO FEMA'S CURRENT FLOOD INSURANCE RATE MAPS FOR YOUR AREA? YES NO
23 UNKN NA (IF YES, EXPLAIN BELOW)
24 13. IS THE PROPERTY SUBJECT TO ANY REQUIREMENT UNDER FEDERAL LAW TO
25 OBTAIN AND MAINTAIN FLOOD INSURANCE ON THE PROPERTY? YES NO UNKN
26 NA (IF YES, EXPLAIN BELOW)
27 HOMES IN THE SPECIAL FLOOD HAZARD AREA, ALSO KNOWN AS HIGH RISK
28 FLOOD ZONES, ON FEMA'S FLOOD INSURANCE RATE MAPS WITH MORTGAGES
29 FROM FEDERALLY REGULATED OR INSURED LENDERS ARE REQUIRED TO OBTAIN
30 AND MAINTAIN FLOOD INSURANCE. EVEN WHEN NOT REQUIRED, FEMA ENCOUR-
31 AGES HOMEOWNERS IN HIGH RISK, MODERATE RISK, AND LOW RISK FLOOD
32 ZONES TO PURCHASE FLOOD INSURANCE THAT COVERS THE STRUCTURE(S) AND
33 THE PERSONAL PROPERTY WITHIN THE STRUCTURE(S). ALSO NOTE THAT
34 HOMES IN COASTAL AREAS MAY BE SUBJECT TO INCREASED RISK OF FLOOD-
35 ING OVER TIME DUE TO PROJECTED SEA LEVEL RISE AND INCREASED
36 EXTREME STORMS CAUSED BY CLIMATE CHANGE WHICH MAY NOT BE REFLECTED
37 IN CURRENT FLOOD INSURANCE RATE MAPS.
38 14. HAVE YOU EVER RECEIVED ASSISTANCE, OR ARE YOU AWARE OF ANY PREVI-
39 OUS OWNERS RECEIVING ASSISTANCE, FROM THE FEDERAL EMERGENCY
40 MANAGEMENT AGENCY (FEMA), THE U.S. SMALL BUSINESS ADMINISTRATION
41 (SBA), OR ANY OTHER FEDERAL DISASTER FLOOD ASSISTANCE FOR FLOOD
42 DAMAGE TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW) FOR
43 PROPERTIES THAT HAVE RECEIVED FEDERAL DISASTER ASSISTANCE, THE
44 REQUIREMENT TO OBTAIN FLOOD INSURANCE PASSES DOWN TO ALL FUTURE
45 OWNERS. FAILURE TO OBTAIN AND MAINTAIN FLOOD INSURANCE CAN RESULT
46 IN AN INDIVIDUAL BEING INELIGIBLE FOR FUTURE ASSISTANCE.
47 15. IS THERE FLOOD INSURANCE ON THE PROPERTY? YES NO UNKN NA (IF YES,
48 ATTACH A COPY OF THE POLICY)
49 A STANDARD HOMEOWNER'S INSURANCE POLICY TYPICALLY DOES NOT COVER
50 FLOOD DAMAGE. YOU ARE ENCOURAGED TO EXAMINE YOUR POLICY TO DETER-
51 MINE WHETHER YOU ARE COVERED.
52 16. IS THERE A FEMA ELEVATION CERTIFICATE AVAILABLE FOR THE PROPERTY?
53 YES NO UNKN NA (IF YES, ATTACH A COPY OF THE CERTIFICATE)
A. 1967 9
1 AN ELEVATION CERTIFICATE IS A FEMA FORM, COMPLETED BY A LICENSED
2 SURVEYOR OR ENGINEER. THE FORM PROVIDES CRITICAL INFORMATION ABOUT
3 THE FLOOD RISK OF THE PROPERTY AND IS USED BY FLOOD INSURANCE
4 PROVIDERS UNDER THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP) TO
5 HELP DETERMINE THE APPROPRIATE FLOOD INSURANCE RATING FOR THE
6 PROPERTY. A BUYER MAY BE ABLE TO USE THE ELEVATION CERTIFICATE
7 FROM A PREVIOUS OWNER FOR THEIR FLOOD INSURANCE POLICY.
8 17. HAVE YOU EVER FILED A CLAIM FOR FLOOD DAMAGE TO THE PROPERTY WITH
9 ANY INSURANCE PROVIDER, INCLUDING THE NATIONAL FLOOD INSURANCE
10 PROGRAM (NFIP)? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
11 18. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND?
12 YES NO UNKN NA (IF YES, EXPLAIN BELOW)
13 [12.] 19. IS THE PROPERTY LOCATED IN AN AGRICULTURAL DISTRICT? YES
14 NO UNKN NA (IF YES, EXPLAIN BELOW)
15 [13.] 20. WAS THE PROPERTY EVER THE SITE OF A LANDFILL? YES NO UNKN
16 NA (IF YES, EXPLAIN BELOW)
17 [14.] 21. ARE THERE OR HAVE THERE EVER BEEN FUEL STORAGE TANKS ABOVE
18 OR BELOW THE GROUND ON THE PROPERTY? YES NO UNKN NA IF YES,
19 ARE THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY
20 LEAKING OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES,
21 EXPLAIN BELOW)
22 [15.] 22. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES,
23 STATE LOCATION OR LOCATIONS BELOW)
24 [16.] 23. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE
25 LOCATION OR LOCATIONS BELOW)
26 [17.] 24. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A
27 COPY OF THE REPORT)
28 [18.] 25. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING
29 OIL OR ANY OTHER PETROLEUM PRODUCT, METHANE GAS, OR ANY HAZARD-
30 OUS OR TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN
31 RELEASED ON THE PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER
32 PROPERTY? YES NO UNKN NA (IF YES, DESCRIBE BELOW)
33 [19.] 26. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR
34 FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL, OR ANY
35 OTHER PETROLEUM PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC
36 SUBSTANCE? YES NO UNKN NA (IF YES, ATTACH REPORT(S))
37 [19-a.] 27. HAS THE PROPERTY BEEN TESTED FOR INDOOR MOLD? YES NO UNKN
38 (IF YES, ATTACH A COPY OF THE REPORT)
39 STRUCTURAL
40 [20.] 28. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR STRUC-
41 TURES? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
42 [21.] 29. IS THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUC-
43 TURES? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
44 [22.] 30. IS THERE ANY TERMITE, INSECT, RODENT OR PEST INFESTATION OR
45 DAMAGE? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
46 [23.] 31. HAS THE PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR
47 PEST INFESTATION OR DAMAGE? YES NO UNKN NA (IF YES, PLEASE ATTACH
48 REPORT(S))
49 [24.] 32. WHAT IS THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT,
50 OTHER.)? ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE
51 A TRANSFERABLE [WARRANTEE] WARRANTY ON THE ROOF IN EFFECT NOW? YES
52 NO UNKN NA (IF YES, EXPLAIN BELOW)
53 [25.] 33. ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING
54 STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR
55 PARTITIONS[.]? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
A. 1967 10
1 MECHANICAL SYSTEMS & SERVICES
2 [26.] 34. WHAT IS THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL,
3 PRIVATE, MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO
4 UNKN NA
5 [27.] 35. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO
6 UNKN NA (IF YES, DESCRIBE BELOW)
7 [28.] 36. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY -
8 PUBLIC SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)? IF SEPTIC OR
9 CESSPOOL, AGE? ________ DATE LAST PUMPED? ________ FREQUENCY OF
10 PUMPING? ________ ANY KNOWN MATERIAL DEFECTS? YES NO UNKN NA (IF
11 YES, EXPLAIN BELOW)
12 [29.] 37. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE
13 AMPERAGE? ________ DOES IT HAVE CIRCUIT BREAKERS OR FUSES?
14 ________ PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL
15 DEFECTS? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
16 [30.] 38. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT
17 RESULTED IN STANDING WATER ON ANY PORTION OF THE PROPERTY? YES NO
18 UNKN NA (IF YES, STATE LOCATIONS AND EXPLAIN BELOW)
19 [31. DOES THE BASEMENT HAVE SEEPAGE THAT RESULTS IN STANDING WATER?
20 YES NO UNKN NA (IF YES, EXPLAIN BELOW)] 39. HAS THE STRUCTURE(S)
21 EXPERIENCED ANY WATER PENETRATION OR DAMAGE DUE TO SEEPAGE OR A
22 NATURAL FLOOD EVENT, SUCH AS FROM HEAVY RAINFALL, COASTAL STORM
23 SURGE, TIDAL INUNDATION OR RIVER OVERFLOW? YES NO UNKN NA (IF
24 YES, EXPLAIN BELOW)
25 ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF YES,
26 EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):
27 [32.] 40. PLUMBING SYSTEM? YES NO UNKN NA
28 [33.] 41. SECURITY SYSTEM? YES NO UNKN NA
29 [34.] 42. CARBON MONOXIDE DETECTOR? YES NO UNKN NA
30 [35.] 43. SMOKE DETECTOR? YES NO UNKN NA
31 [36.] 44. FIRE SPRINKLER SYSTEM? YES NO UNKN NA
32 [37.] 45. SUMP PUMP? YES NO UNKN NA
33 [38.] 46. FOUNDATION/SLAB? YES NO UNKN NA
34 [39.] 47. INTERIOR WALLS/CEILINGS? YES NO UNKN NA
35 [40.] 48. EXTERIOR WALLS OR SIDING? YES NO UNKN NA
36 [41.] 49. FLOORS? YES NO UNKN NA
37 [42.] 50. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA
38 [43.] 51. PATIO/DECK? YES NO UNKN NA
39 [44.] 52. DRIVEWAY? YES NO UNKN NA
40 [45.] 53. AIR CONDITIONER? YES NO UNKN NA
41 [46.] 54. HEATING SYSTEM? YES NO UNKN NA
42 [47.] 55. HOT WATER HEATER? YES NO UNKN NA
43 [48.] 56. THE PROPERTY IS LOCATED IN THE FOLLOWING SCHOOL DISTRICT
44 UNKN NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC RECORDS CONCERNING
45 THE PROPERTY (E.G. TAX RECORDS AND WETLAND AND [FLOOD PLAIN] FEMA'S
46 CURRENT FLOOD INSURANCE RATE MAPS AND ELEVATION CERTIFICATES)
47 THE SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF
48 NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI-
49 TIONAL PAGES ATTACHED.
50 ______________________________________________________________
51 ______________________________________________________________
52 ______________________________________________________________
53 ______________________________________________________________
54 SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN THIS
55 PROPERTY CONDITION DISCLOSURE STATEMENT IS TRUE AND COMPLETE TO THE
56 SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED BY THE SELLER. IF A
A. 1967 11
1 SELLER OF RESIDENTIAL REAL PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS
2 MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED
3 PREVIOUSLY, THE SELLER SHALL DELIVER A REVISED PROPERTY CONDITION
4 DISCLOSURE STATEMENT TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT,
5 HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI-
6 TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO
7 THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.
8 SELLER__________ DATE___________
9 SELLER__________ DATE___________
10 BUYER'S ACKNOWLEDGMENT: BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
11 STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT OF
12 CERTAIN CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE
13 SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT
14 AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR OTHER INSPECTIONS
15 OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.
16 BUYER__________ DATE__________
17 BUYER__________ DATE _________
18 § 3. Section 465 of the real property law, as added by chapter 456 of
19 the laws of 2001, is amended to read as follows:
20 § 465. [Remedy] Liability. 1. [In the event a seller fails to perform
21 the duty prescribed in this article to deliver a disclosure statement
22 prior to the signing by the buyer of a binding contract of sale, the
23 buyer shall receive upon the transfer of title a credit of five hundred
24 dollars against the agreed upon purchase price of the residential real
25 property.] Nothing contained in this article shall be construed as
26 limiting any existing legal cause of action or remedy at law, in statute
27 or in equity.
28 2. Any seller who provides a property condition disclosure statement
29 or provides or fails to provide a revised property condition disclosure
30 statement shall be liable only for a willful failure to perform the
31 requirements of this article. For such a willful failure, the seller
32 shall be liable for the actual damages suffered by the buyer in addition
33 to any other existing equitable or statutory remedy.
34 § 4. Section 467 of the real property law is REPEALED.
35 § 5. This act shall take effect on the one hundred eightieth day after
36 it shall have become a law. Effective immediately the addition, amend-
37 ment and/or repeal of any rule or regulation necessary for the implemen-
38 tation of this act on its effective date are authorized to be made and
39 completed on or before such date.
