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The Property Condition Disclosure Act requires the seller of residential real property to cause this disclosure statement or a copy of thereof to be delivered to a buyer or buyers agent prior to the signing by the buyer of a binding contract of sale.
Real Property Law 462 states that every seller of residential real property pursuant to a real estate purchase contract shall complete and sign a property condition disclosure statement The statute does not distinguish whether each seller must deliver its own PCDS or if all sellers may complete and execute the
Effective as of March 20, 2024, New Yorks Property Condition Disclosure Act (the PCDA), in effect since 2002, no longer permits a seller of residential real estate to opt out of delivering a Property Condition Disclosure Statement (the Statement) by giving the Purchaser a $500 closing credit.
Sellers Will Be Exposed To Liability Even After Closing may subject the seller to claims by the buyer prior to or after the transfer of title. That means buyers can sue sellers after closing. And the statute of limitations on these claims may be as long as six years.
Details on specific disclosures required They must disclose known defects in the property, including issues with the foundation, roof, water and sewage systems and pests. Additionally, they must inform the buyer of any environmental hazards on or near the property, such as proximity to a floodplain or radon gas.
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