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Commonly Asked Questions about New York Real Estate Law

Article 12-A - Real Estate Brokers and Real Estate Salespersons. 440-A - License Required for Real Estate Brokers and Salespersons. This media-neutral citation is based on the American Association of Law Libraries Universal Citation Guide and is not necessarily the official citation.
Any seller who provides a property condition disclosure statement or provides or fails to provide a revised property condition disclosure statement shall be liable only for a willful failure to perform the requirements of this article.
Right to use and quiet enjoyment. Right to allow others a right to use (licenses and leases) Right to privacy and to exclude others. Right to disposition or to transfer the property to someone else by selling, gifting or inheritance.
Effective March 20, 2024, the amended New York Real Property Law Chapter 50, Article 14 (the Property Condition Disclosure Act) will compel all sellers of residential property to complete and deliver a Property Condition Disclosure Statement (PCDS) to a buyer prior to signing a contract of sale.
This window of time is the statute of limitations. Depending on the type of case and claim, the statute of limitations in New York State for real estate transactions typically ranges from one year to six years or even 10 years in some cases.
Residential real property means real property improved by a one to four family dwelling used or occupied, or intended to be used or occupied, wholly or partly, as the home or residence of one or more persons, but shall not refer to (a) unimproved real property upon which such dwellings are to be constructed, or (b)
(a) Real property owned by one or more persons, each of whom is sixty-five years of age or over, or real property owned by husband and wife or by siblings, one of whom is sixty-five years of age or over, or real property owned by one or more persons, some of whom qualify under this section and the others of whom
Amended PCDS Required If the seller has already provided the PCDS to the buyer and the buyer has not signed the PCDS prior to March 20, 2024, the amended PCDS is required. If the seller has not provided the PCDS and a binding contract of sale is entered into on or after March 20, 2024, the amended PCDS is required.