Seller Disclosures in New York: What You Are Legally Required to Reveal

When you sell a home in New York, the question is not whether you will disclose its condition, but what you must disclose and how. The rules changed in 2024, and advice from a neighbor who sold five years ago may now be wrong. This guide explains seller disclosure requirements in New York in plain terms: the Property Condition Disclosure Statement, what it asks, the federal lead paint rule, what you do not have to volunteer, and how to prepare.

The Property Condition Disclosure Statement is now mandatory

New York's Property Condition Disclosure Act requires the seller of most one- to four-family homes to deliver a Property Condition Disclosure Statement (PCDS) to the buyer or the buyer's agent before the buyer signs a binding contract.

The $500 credit is gone

For two decades sellers could skip the form by giving the buyer a $500 credit at closing, and many did on their attorneys' advice. An amendment effective March 20, 2024 removed that option. It also added seven questions about flooding, taking the form from 49 to 56 questions (New York State Bar Association). The current form is published by the Department of State (DOS-1614).

Who is exempt

The act covers one- to four-family homes; by definition it does not apply to condominium units or co-op apartments (Real Property Law 461). The law also lists transfers that need no statement, including (Real Property Law 463):

• transfers under a court order, and sales after foreclosure or by a sheriff;
• transfers by a fiduciary administering an estate, guardianship, conservatorship or trust;
• transfers between co-owners, to a spouse or direct blood relative, or between spouses under a divorce decree;
• transfers to or from a government entity;
• newly built homes that have never been occupied.

Your attorney will confirm whether your sale is covered.

What the form asks, and the "actual knowledge" standard

The PCDS asks about:

• general information: how long you have owned the house, shared driveways or walls, certificates of occupancy;
• environmental matters: flood zones, flood insurance and flood claims, radon testing, fuel storage tanks, asbestos, lead plumbing;
• structure: rot, water damage, the roof's age, known defects in the foundation, floors and walls;
• mechanical systems and services: water source, sewer or septic, plumbing, electrical and heating defects.

You answer from your actual knowledge. The law does not require you to investigate, inspect or search public records to complete it, and the form states it is not a warranty. "Unknown" is a legitimate answer when you do not know; a guess that turns out wrong is not. Encourage buyers to rely on their own inspections, which the form itself recommends; see our home inspection checklist for what they will look at.

What happens if a seller answers falsely?

The statute makes a seller liable for actual damages for a willful failure to give truthful answers based on actual knowledge, and it preserves the buyer's other legal remedies (NYSBA). A signed form is also evidence: if it says "no known water problems" and you knew otherwise, it is easier for a buyer to prove you misrepresented the house.

Selling "as is" does not cover hidden problems you know about

An "as is" clause generally means you will not make or pay for repairs. It does not protect a seller who actively conceals a known, significant, hidden defect. A classic Hudson Valley example: you know the fieldstone basement floods every spring, you paint over the water lines in the dry autumn, list the house and answer "no" on the form. That is concealment, and "as is" will not help when the basement floods the next April. Talk to your attorney about how to describe any known problem accurately.

Other disclosures to know

Federal lead paint disclosure for homes built before 1978

Under federal law, sellers of most pre-1978 homes must disclose known lead-based paint and lead hazards, provide any reports they have, give buyers the EPA pamphlet "Protect Your Family From Lead in Your Home", include the lead warning statement in the contract, and give buyers a 10-day opportunity to arrange a lead inspection or risk assessment, which the parties can change in writing (EPA).

Stigmatized property: deaths and crimes

New York law says it is not a material defect that a property was, or is suspected to have been, the site of a homicide, suicide or other death, or of a felony, or that an owner or occupant had HIV or another disease highly unlikely to be spread by living in a home. A buyer may submit a written inquiry about such matters, and the seller may choose whether or not to respond (Real Property Law 443-a). Decide with your attorney before listing how you will handle such a question. Whatever you choose, do not answer untruthfully.

Your disclosure plan

1. Talk to your attorney before you list. Disclosure is legal work; your attorney advises on the form and your exposure. See why you need a real estate attorney in New York.
2. Do an honest walk-through of your own house. List every known issue, past repair and improvement: the roof leak two winters ago, the carpenter ant treatment, the sump pump that runs every spring.
3. Gather documents: permits and certificates of occupancy, warranties, repair invoices, septic pump-out records, your own purchase inspection report.
4. Complete the PCDS with your attorney, using your list and records, and deliver it before the buyer signs the contract.

Disclosure fits into the wider selling sequence in our timeline for selling a house in New York. For help preparing a sale, see our selling page or talk with us.

This guide is general information, not legal advice. I am a licensed real estate salesperson, not an attorney; consult a New York real estate attorney about your own obligations.

Frequently asked questions

Is the property condition disclosure statement required in New York?

For most one- to four-family homes, yes. Since March 20, 2024 the seller must deliver the completed statement before the buyer signs the contract; the $500 credit alternative no longer exists.

What is the $500 credit for property disclosure in NY?

It was the option, from 2002 until March 20, 2024, to give the buyer a $500 credit at closing instead of completing the disclosure statement. It has been repealed.

Do I have to disclose a death in a house in New York?

No. A death, homicide, suicide or felony on the property is not a material defect under Real Property Law 443-a. A buyer may ask in writing, and the seller may choose whether to respond.

Is New York a "buyer beware" state?

Less than it was. Sellers must now complete the disclosure statement from actual knowledge and can be liable for willfully false answers, and "as is" does not protect active concealment. Buyers should still inspect.

Do condo and co-op sellers have to fill out the PCDS?

No. The act's definition of residential property excludes condominium units and cooperative apartments.

Sources

• New York State Bar Association, Property Condition Disclosure Act amendments
• NYS Department of State, Property Condition Disclosure Statement, DOS-1614
• New York Real Property Law 461, 463 and 443-a
• U.S. Environmental Protection Agency, real estate disclosures about lead

Checked against these sources on September 24, 2026.