What New York sellers must disclose when selling a home

This is general information, not legal advice. A New York attorney should confirm how these rules apply to your sale, and anything about how to answer a specific question belongs with that attorney rather than your agent or this page.

What the Property Condition Disclosure Act requires

New York's seller disclosure law is the Property Condition Disclosure Act, found in Article 14 of the Real Property Law, sections 460 to 467. The seller completes the state's Property Condition Disclosure Statement, a form issued by the Department of State, and delivers it to the buyer. The form is a record of what the seller knows. It is not a warranty and it does not replace the buyer's own inspections. The statute says so.

The current form is the Department of State's 2025 edition, DOS-1614-f (Rev. 02/25). Use that PDF, since older revisions of the form are still in circulation and carry the old credit language. Your agent or attorney should confirm you are using the current form.

Who must deliver the statement: one to four family homes

Under section 461, "residential real property" means a one to four family dwelling used or intended for use as a residence. The definition excludes unimproved land and, importantly for many downsizers, condominiums, cooperatives and homeowners association property not held in fee simple. The New York City Bar makes the same point on its purchase and sale page.

In practice:

• A house, a townhouse held in fee simple, or a two, three or four family building is covered, subject to the exemptions below.
• A condo unit or a co-op apartment is not covered by this Act. Condo and co-op buyers rely on the offering plan and building documents instead.

Not being covered by this statute does not mean a seller can hide a known problem. The form itself warns of claims for knowingly false statements, and general legal remedies still exist. Ask your attorney what applies.

The $500 credit ended in 2024

For years, a New York seller could skip the form and give the buyer a $500 credit at closing instead. That option was removed by Chapter 484 of the Laws of 2023 (bill S5400). It was signed on September 22, 2023 and took effect on the 180th day after becoming law, which was in 2024.

The current text of section 462 mentions no credit, and the 2025 Department of State form has no credit language, where the earlier 06/23 revision did. If a seller, contract form or website still offers the credit, the source is out of date.

When to deliver the statement

Section 462 says the seller must deliver the completed and signed statement to the buyer or the buyer's agent before the buyer signs a binding contract of sale, with a signed copy attached to the contract. That means it should be ready before you accept an offer, not something to produce at the attorney review stage. Completing it before the listing goes live gives the buyer's attorney time to review it along with the contract.

If the seller later learns something that makes an answer materially inaccurate, the statement must be revised as soon as practicable. That duty stops at the earlier of transfer of title or buyer occupancy. Keep a dated copy of every version you deliver.

The flood questions added in 2024

The same 2023 amendment added flood questions. The 2025 form asks whether the property:

• Is in a FEMA-designated floodplain (item 10)
• Is in the Special Flood Hazard Area, the 100-year floodplain, on FEMA's current flood insurance rate maps (item 11)
• Is in a Moderate Risk Flood Hazard Area, the 500-year floodplain (item 12)
• Is subject to a federal-law requirement to obtain and maintain flood insurance (item 13)

It also asks whether the seller or previous owners received FEMA, Small Business Administration or other federal disaster flood assistance (item 14), whether there is flood insurance on the property, with the policy attached (item 15), whether a FEMA elevation certificate is available, to be attached (item 16), and whether anyone has ever filed a flood damage claim with any insurer, including the National Flood Insurance Program (item 17). Item 39 asks about water penetration or damage from seepage or a natural flood event, including heavy rainfall, coastal storm surge, tidal inundation and river overflow.

The form adds two reminders: standard homeowner's policies typically do not cover flood, and federal disaster assistance triggers a flood-insurance requirement that passes to future owners. Numbering is from the Rev. 02/25 form, so check the item numbers on the version you are given.

To find out which flood zone applies to your address, use FEMA's Flood Map Service Center, which FEMA calls the official online location for flood hazard mapping products. Gather policies, claims and any elevation certificate before you list. Our guide to flood and storm insurance when downsizing explains how the buyer's side works.

How the questions work: actual knowledge, not a guess

The Act defines knowledge as only actual knowledge, and the form lets a seller answer "NA" or "Unknown" where that is true. You are not required to hire inspectors before completing it. The form covers many topics, including water, flood and lead plumbing, and it includes a note to buyers that a structure built before 1978 may contain lead-based paint.

Two limits on this page. First, we cannot tell you how to answer any specific question, such as whether a past leak counts as "water penetration," whether something is "unknown" or how to describe repairs done years ago. Second, real estate agents are told by the Department of State to refrain from providing legal advice to their clients, so an agent cannot answer for you either. Take those questions to your attorney.

Exemptions, including estate sales

Section 463 lists 14 categories of exempt transfers. They include court-ordered transfers, foreclosure-related transfers, fiduciary transfers in the administration of an estate or trust, transfers between co-owners, transfers to a spouse or lineal relative, newly constructed property that has never been inhabited and transfers by government.

An executor or trustee selling a parent's home may therefore be exempt. If you are helping a parent downsize, that can change what the sale requires. But an exemption is not automatic and depends on the transfer, so have the estate's attorney confirm it before listing. Even where the statement is not required, ask the attorney what to tell buyers, and remember the buyer can still inspect.

Liability for wrong answers

Under section 465, the Act does not remove other legal remedies a buyer may have, and a seller who willfully fails to comply with the Act owes the buyer actual damages. The 2025 form states that a knowingly false or incomplete statement may subject the seller to claims by the buyer before or after title transfers.

This is a reason to complete the statement carefully, from records rather than memory, and to have your attorney read your draft. It is not a reason to skip questions. If you are unsure whether something needs to be disclosed, ask.

Federal lead paint disclosure for pre-1978 homes

Separate from the state form, federal rules apply to most housing built before 1978. According to the Environmental Protection Agency, sellers of most pre-1978 homes must:

• Give the buyer the EPA pamphlet Protect Your Family From Lead In Your Home
• Disclose known information about lead-based paint
• Provide any available records
• Include a Lead Warning Statement in the sales contract

The buyer gets a 10-day period for a paint inspection or risk assessment, which the parties can change or waive by agreement. The EPA lists exemptions, including housing for the elderly or disabled unless a child under six lives there, foreclosure sales, homes built after 1977, zero-bedroom units, short leases and homes certified lead-free. The EPA page is a general summary, so ask your attorney whether an exemption applies to your sale.

New York City also has its own lead paint law, Local Law 1 of 2004. Per the city's Department of Housing Preservation and Development, it mainly targets buildings with three or more units built before 1960, tenant-occupied one and two family homes built before 1960 and non-owner-occupied co-op and condo units. Owner-occupied one and two family homes are largely outside it. It matters mostly if you have tenants.

The agency disclosure form and the housing disclosure form

Two other forms come from your agent, not from you. Under Real Property Law section 443, licensed brokers and salespersons acting as agents must give the state's "New York State Disclosure Form for Buyer and Seller." Listing agents provide it before entering a listing agreement. Seller's or buyer's agents provide it at first substantive contact with the other party. The agent must obtain a signed acknowledgment and keep copies for at least three years.

The form, DOS-1736-f, explains the roles of a seller's agent, a buyer's agent, a broker's agent and a dual agent. It says it is not a contract. Read it before you sign a listing agreement.

The Housing and Anti-Discrimination Disclosure Form, DOS-2156 (rev. 11-25), is also given by brokers and salespersons, and the seller, buyer, landlord or tenant signs an acknowledgment of receipt. It lists protected characteristics, including age and lawful source of income, and says the list is not limited to those. The form gives complaint contacts: the New York State Division of Human Rights at (844) 697-3471 and the Department of State Division of Licensing Services at (518) 474-4429.

If you use New York Downsizing, the introduction goes to an agent on the operating team at eXp Realty, so it is not a search of the whole market. The agent supplies these forms, and your attorney handles the legal questions.

What to gather before you list

A long-time owner often has records scattered across drawers. Before listing, collect:

• Flood insurance policies, claim records and any FEMA or other disaster assistance paperwork
• A FEMA elevation certificate if one exists
• Records of leaks, backups, roof work and other repairs, with dates and who did the work
• Permits and completion documents for major work
• Any lead paint reports for a pre-1978 home
• Deed, survey and title policy from your purchase
• Utility, oil-tank, septic or sewer records if they apply to your property

If the house is older, preparing an older New York home to sell covers repairs and paperwork. For what the sale may leave you with, see estimating net proceeds and the net proceeds calculator.

Next steps

Disclosure is one step in a longer plan. The step-by-step downsizing guide puts it in order, and costs and money covers what a sale costs. When you are ready, you can ask to be introduced to an agent on the eXp Realty operating team.