The $500 credit option ended
Before this date, a buyer who did not get the statement “shall receive upon the transfer of title a credit of five hundred dollars.” Flood questions were added. Chapter 484 of the Laws of 2023.
Start here
Is a property disclosure statement required in NY?
Yes, for most sales of a one- to four-family home. New York Real Property Law §462 requires the seller to complete and sign a Property Condition Disclosure Statement and deliver it to the buyer or the buyer's agent "prior to the signing by the buyer of a binding contract of sale." A copy signed by both seller and buyer is attached to the contract. The law does not cover condominium units, cooperative apartments, land not yet built on, or homeowners'-association property the seller does not own outright, and 14 kinds of transfers are exempt.
1
Complete the form
Answer from actual knowledge. “Unkn” is allowed where the answer really is unknown.
2
Deliver it on time
Give it to the buyer or the buyer’s agent before the buyer signs a binding contract.
3
Update if necessary
If it becomes materially inaccurate, deliver a revision as soon as practicable, until closing or the buyer moves in.
Selling a co-op or condo? New York’s Property Condition Disclosure Act does not apply to condominium units or cooperative apartments. Both are expressly excluded under Real Property Law §461(5), so sellers of these properties are not required to provide the Property Condition Disclosure Statement. Other disclosure obligations under applicable law may still apply. More: co-ops and condos.
The key dates
What changed recently in NY regarding the property condition disclosure statement?
On March 20, 2024, Chapter 484 of the Laws of 2023 took effect. It removed the rule that gave a buyer a $500 credit at closing when the seller did not deliver the statement, and it added questions about the property's flood zone, flood insurance and flood history. On July 1, 2025, Chapter 353 of the Laws of 2024 took effect: the Department of State's updated form, DOS-1614-f (Rev. 02/25), became required, with a new note under the septic and cesspool question pointing to the State Department of Health's Septic System Operation and Maintenance pamphlet.
A revised form became required
DOS-1614-f (Rev. 02/25), with a new note pointing to state guidance on septic systems and cesspools. Chapter 353 of the Laws of 2024.
What if my house has a septic system or cesspool?
Question 36 asks the seller to identify the property’s sewage system (public sewer, private sewer, septic or cesspool) and, for a septic system or cesspool, to give from actual knowledge its age, when it was last pumped, how often it is pumped, and any known material defects. Those questions were already on the form. The 2025 change added a note directing readers to the New York State Department of Health’s Septic System Operation and Maintenance pamphlet, which explains how septic systems work, recommended maintenance and potential problems.
What this means for sellers: use the current form and answer the sewage-system questions accurately from what you actually know. The 2025 change did not, by itself, require a new septic inspection or certification, and the disclosure law does not require sellers to investigate the property to complete the statement. Local rules on septic permits, repairs or replacements may also apply.
A separate law, General Business Law §396-s, requires builders of newly constructed homes with a septic system to give the buyer that pamphlet at closing. It is a new-construction rule.
Official resources: current disclosure form · Department of Health: Septic System Operation and Maintenance · Real Property Law §462
Inside the official document
What is the New York State disclosure form?
It is the Property Condition Disclosure Statement, form DOS-1614-f, published by the New York Department of State; the version required beginning July 1, 2025 is Rev. 02/25. Its wording is set out in Real Property Law §462. Its 56 questions cover general information, environmental and flood conditions, the structure, mechanical systems, and the school district. Most are answered Yes, No, Unkn (unknown) or NA, but several ask for written details, such as how long the seller has owned the home, the age of the house and roof, the water, sewage and electric service, and the school district, and many "yes" answers must be explained in writing. A different Department of State form, the New York State Disclosure Form for Buyer and Seller, explains real estate agency relationships, not the home's condition.
Flooding questions are especially relevant on Long Island and in Queens. Since March 20, 2024, New York’s Property Condition Disclosure Statement asks sellers about a home’s flood history: whether the property is in a FEMA flood zone, whether it carries flood insurance, whether flood-insurance claims were filed, and whether federal flood assistance was received. These are questions 10–17. Questions 38–39 also ask about flooding, drainage or grading problems that left standing water on the property, and about water getting into the house from seepage or a natural flood event. See our flooding guide →
Which questions require written information?
Not every question can be answered by checking Yes, No, Unkn or NA. Some ask for specific information, and others call for an explanation or a supporting document.
- Q1–2Ownership and occupancy: how long the seller has owned and occupied the property
- Q3Age of structures: the age of the home and other structures
- Q32Roof: type of roof covering, age, known material defects, and whether a transferable roof warranty is in effect
- Q34Water supply: well, private, municipal or other source, and whether municipal water is metered
- Q36Septic system or cesspool: type of sewage system, age, date last pumped, pumping frequency, and any known material defects
- Q37Electrical system: electricity provider, amperage, breakers or fuses, private or public poles, and known material defects
- Q56School district: the school district the property is in
Other questions may also need a written explanation, depending on the seller’s answers.
Which supporting reports might be requested?
When a seller answers Yes to these questions, the form directs the seller to attach:
- Q15Flood insurance policy
- Q16FEMA elevation certificate
- Q24Radon testing report
- Q26Petroleum or hazardous-substance testing reports
- Q27Indoor mold testing report
- Q31Termite, insect, rodent or pest testing reports
If the seller doesn’t know an answer: the statement is completed from the seller’s actual knowledge, and the form allows “Unkn” when an answer is genuinely unknown. Real Property Law §462(3) does not require new inspections, investigations or public-record searches just to complete it. If the form calls for a report the seller cannot locate, raise it with the attorney handling the sale rather than misstating whether it exists.
The statement “is not a warranty of any kind by the seller,” and the buyer is encouraged to get independent inspections. View, print or download the official form →
Not every transaction is covered
What are the exemptions for property condition disclosure in NY?
Real Property Law §463 lists 14 kinds of transfers that do not require the statement. They include transfers under a court order; foreclosure-related transfers and certain transfers to or by a mortgage lender; transfers by a sheriff or in a partition action; transfers by a fiduciary administering an estate, guardianship, conservatorship or trust; transfers between co-owners, to a spouse or a direct-line relative, or between spouses under a divorce, annulment or separation; transfers to or from a government; and newly built homes that have never been lived in. Selling "as is" is not an exemption.
Read all 14 statutory exemptions (§463)
- 1.A transfer under a court order, for example one ordered by a probate court while a deceased person's estate is administered, under a writ of execution, by a bankruptcy trustee or debtor-in-possession, by eminent domain, or under a decree of specific performance of a contract.
- 2.A transfer by the owner to the mortgage lender (or its affiliate or agent) by deed in lieu of foreclosure or in satisfaction of the mortgage debt.
- 3.A transfer to a beneficiary of a deed of trust.
- 4.A transfer under a foreclosure sale that follows a default on a mortgage-secured debt.
- 5.A transfer by a sale under a power of sale that follows a default on a mortgage-secured debt.
- 6.A transfer by a mortgage lender or mortgage beneficiary (or its affiliate or agent) that acquired the home at a sale under a mortgage or by deed in lieu of foreclosure.
- 7.A transfer by a fiduciary in the course of administering a deceased person's estate, a guardianship, a conservatorship, or a trust.
- 8.A transfer from one co-owner to one or more other co-owners.
- 9.A transfer to the seller's spouse, or to one or more of the seller's direct-line blood relatives (the statute's "lineal consanguinity", such as children, grandchildren or parents).
- 10.A transfer between spouses or former spouses as a result of a decree of divorce, dissolution of marriage, annulment or legal separation, or of a property settlement or agreement incidental to such a decree.
- 11.A transfer to or from the State, a political subdivision of the State, or another government entity.
- 12.A transfer of a newly built home that has not been lived in before.
- 13.A transfer by a sheriff.
- 14.A transfer under a partition action.
Is an inherited home automatically exempt?
No. Exemption 7 covers a transfer by a fiduciary, such as an executor or administrator, in the course of administering the estate. The list does not include a sale by heirs who already own the home. The estate’s attorney confirms which applies.
Who does what
Who is responsible for completing disclosure forms in NY?
The seller. The form tells the seller to "complete this form yourself" and to answer from actual knowledge, and its answers are the seller's representations, not the agent's. The seller does not have to inspect the property or check public records, and may answer "Unkn." Under §466, the listing agent must inform the seller of these obligations in time, and the buyer's agent must inform the buyer of the buyer's rights and obligations before the buyer signs a contract.
SellerCompletes and signs the form from actual knowledge, delivers it before the buyer signs, and sends a revised one if something becomes materially inaccurate before closing or the buyer moves in, whichever comes first (§464).
Listing agentMust inform the seller of these obligations in time. The answers are the seller’s, “not the representations of the seller’s agent.”
Buyer’s agentMust inform the buyer of the buyer’s rights and obligations before the buyer signs a contract; if the buyer has no agent, the seller’s agent does (§466).
Seller’s attorneyAdvises the seller on the answers, any exemption and the contract. This page is general information, not that advice.
Seller checklist (7 steps)
- Check that the law covers your sale: a one- to four-family home, not a co-op or condo, and not one of the 14 exempt transfers.
- Use the current form, DOS-1614-f (Rev. 02/25).
- Answer from what you actually know. Mark “Unkn” where you don’t know, and add the written details the form asks for.
- Gather copies the form asks for, if you have them: flood policy, elevation certificate, radon, mold or pest reports.
- Sign it and get it to the buyer or the buyer’s agent before the buyer signs the contract.
- If something becomes materially inaccurate before closing or the buyer moves in, deliver a revised statement.
- Confirm your answers and any exemption with the attorney handling your sale.
