The Form That Comes With The House
Real Prop. Law § 462 — the property condition disclosure statement, signed before the buyer signs
In New York, every seller of residential real property under a purchase contract completes and signs a property condition disclosure statement in the statutory form 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 both is attached to the contract.
As is is still allowed. Nothing in the article prevents the parties from agreeing to anything about the property's physical condition, including a sale as is.
Revised statements. A seller who learns something that makes the statement materially inaccurate delivers a revised one as soon as practicable, but not after title transfers or the buyer moves in, whichever is earlier. The seller is not required to inspect or check public records.
Liability. A seller is liable only for a willful failure to perform the article's requirements, and then for the buyer's actual damages, in addition to other remedies. The article does not limit any existing cause of action.
Not covered. Transfers by court order, foreclosure, deed in lieu, between co-owners or spouses, to a lineal relative, and to or from the government, among others the section lists.
Fraud and misrepresentation claims outside the disclosure law are not on this page. Whether a particular defect had to be disclosed, and what a buyer or seller can recover, are questions for a licensed New York attorney.
Sources for this section (3)
- Real Prop. Law § 462 — Property condition disclosure statement
- Real Prop. Law § 463 — Exemptions
- Real Prop. Law § 465 — Liability
Legal information, not legal advice. Verified as of October 2026. Applying it to a particular situation is the work of a licensed New York attorney.