The New York State Real Property Law, Article 14, known as the Property Condition Disclosure Act, underwent a recent amendment that is effective March 20, 2024. This update impacts residential real estate transactions throughout the state. The $500 credit by a seller to a buyer for not having to provide the disclosure has been removed. Here’s what real estate agents, buyers, and sellers need to know:

Key Changes & Their Implications

• Mandatory Disclosure Form: The amendment introduces a standardized disclosure form that sellers of residential property must complete and provide to potential buyers. There is no longer an option to pay $500 and not do so. This aims to streamline the process and ensure that all buyers receive consistent, essential information about the property’s condition. Expect that buyers will want the disclosure included in the contract.
• Expanded Scope of Disclosure: The standard form requires sellers to disclose a wider range of information about the property, including:
  • Structural issues (roof, foundation, etc.)
  • Presence of lead paint or asbestos
  • Mechanical systems (heating, plumbing, electrical)
  • Environmental hazards (mold, radon)
  • Any known defects or malfunctions
• Impact on Seller Liability: The amendment clarifies that the seller is not liable for errors in the disclosure statement unless they had actual knowledge of the defect and intentionally withheld the information. This emphasizes the importance of honesty and transparency on the seller’s part.
• Buyer’s Right to Inspect: The updated law underscores the buyer’s right to have professional inspections performed, encouraging due diligence before finalizing the purchase.

Benefits for Buyers and Sellers

• Increased Buyer Confidence: The standardized form and expanded disclosures provide buyers with more detailed information upfront, allowing them to make informed decisions and reducing the likelihood of surprises after closing.
• Protecting Sellers: While sellers must be accurate, the amendment offers protection from liability for unintentional omissions. This encourages transparency without undue risk exposure.
• Streamlined Transactions: A standardized format aims to simplify the disclosure process, potentially preventing delays and disputes during the sale.

What Do You Need to Do?

• Sellers: Familiarize yourself with the new disclosure form and gather supporting documentation. Be truthful and accurate in your disclosures. If you aren’t, you expose yourself to post closing litigation.
• Buyers: Carefully review the seller’s disclosure statement and schedule professional inspections to verify the property’s condition to your satisfaction.
• Real Estate Agents: Educate your clients about the changes, provide the updated disclosure form to sellers, and advise buyers of their rights.

Where to Find More Information

The amended Property Condition Disclosure Act and the standard form can be found on the New York State Senate website (https://www.nysenate.gov/). Here is the amended law.