
AI New York Real Estate Forms & Disclosure Guide
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New York Real Estate Forms & Disclosure Guide
> Enter your transaction type, property type, and role (buyer / seller / agent) to generate a complete New York disclosure checklist, every required form, statutory deadline, delivery rule, and role-specific obligation in one place. Free AI workflow; no sign-up required to preview., -
Inputs the user provides
- Transaction type, standard sale, new construction, condominium, co-op, foreclosure / REO, estate sale, short sale, or 1031 exchange
- Property type, 1, 4 unit residential, condominium unit, co-operative apartment, multi-family (5+), commercial, vacant land
- Role, buyer, seller, or licensed real-estate agent / broker, -
New York Disclosure Framework, Overview
New York real-estate transactions are governed primarily by:
- Real Property Law (RPL) §§ 462, 465, Property Condition Disclosure Act (PCDA)
- RPL § 443, Agency relationship disclosure
- RPL § 443-a, Stigmatized-property disclosure limits
- General Business Law (GBL) § 349, Unfair or deceptive trade practices
- Energy Law § 17-103, Carbon-monoxide detector requirements
- Executive Law § 378(5), Smoke-detector requirements
- 42 U.S.C. § 4852d / 24 C.F.R. Part 35, Federal lead-based-paint disclosure
- NY Real Property Law § 462(1)(d), Flood-zone and past-flooding disclosures (effective July 1, 2021)
- RPL §§ 339-d to 339-kk, Condominium Act
- Real Property Transfer Tax Law; NYC Admin. Code §§ 11-2101 to 11-2116, Transfer-tax obligations
> New York is an attorney-state: both buyer and seller are typically represented by separate real-estate attorneys throughout the transaction. Attorneys, not agents, negotiate and execute the contract of sale., -
Section 1, Property Condition Disclosure Statement (PCDS)
1.1 Governing Law
RPL §§ 462, 465 (Property Condition Disclosure Act)
Effective March 20, 2024, the $500 "opt-out" credit was eliminated. Sellers of residential property (1, 4 units) must deliver a completed, signed PCDS to the buyer before the buyer signs the contract of sale. Failure to deliver no longer entitles the buyer to a $500 credit at closing, it is now a violation subject to potential damages.
1.2 Who Must Provide It
- Seller of residential real property improved by a 1, 4 family dwelling situated in New York State.
- Applies to most arm's-length sales of 1, 4 family homes, including town-homes and mixed-use if predominantly residential.
1.3 Exemptions from PCDS (RPL § 465)
The PCDS is not required for:
1. Transfers pursuant to a court order (foreclosure, partition, bankruptcy).
2. Transfers by a fiduciary, executor, administrator, trustee, guardian, or conservator acting in that capacity (estate sales, trust sales).
3. Transfers by a mortgagee or beneficiary acquiring title by deed in lieu of foreclosure or at foreclosure sale.
4. Transfers between spouses, parent and child, or siblings.
5. Transfers of new construction where the buyer is entitled to a warranty from the builder (but see warranty disclosures below).
6. Transfers of vacant land.
7. Transfers of cooperative shares (co-ops have a separate disclosure regime, see Section 5).
8. Transfers where no consideration is paid.
> Even when the PCDS is exempt, common-law fraud rules still apply, a seller who knows of a latent material defect and conceals it can be liable under GBL § 349 and common-law fraud.
1.4 Required Content, PCDS Checklist
The NYS DOS approved PCDS form requires seller to answer "Yes," "No," "Unknown," or "NA" on 48+ questions grouped in six categories:
A. General Information
- [ ] Property address: [[Property Address]]
- [ ] Seller name(s): [[Seller Full Legal Name(s)]]
- [ ] Year built (if known): [[Year Built]]
- [ ] Occupancy (owner-occupied / tenant-occupied / vacant): [[Occupancy Status]]
- [ ] Has seller ever received notice of any violation of any law or governmental regulation with respect to the property? [[Yes / No / Unknown]], if Yes, describe: [[Violation Description]]
- [ ] Is there any pending or threatened legal action affecting the property? [[Yes / No / Unknown]]
- [ ] Has any governmental agency required any work to be done on the property which has not been completed? [[Yes / No / Unknown]]
B. Environmental
- [ ] Has the property ever been tested for radon? [[Yes / No]] If yes, results: [[Radon Test Results / Date]]
- [ ] Has the property ever been tested for lead paint? [[Yes / No]] (Federal overlay applies, see Section 2.)
- [ ] Is seller aware of the presence of lead paint or lead-containing material on the property? [[Yes / No / Unknown]]
- [ ] Is seller aware of any asbestos on the property? [[Yes / No / Unknown]]
- [ ] Is seller aware of any underground fuel-storage tank (active or removed)? [[Yes / No / Unknown]], if Yes, location: [[Tank Location / Status]]
- [ ] Is seller aware of any hazardous or toxic material stored on or near the property? [[Yes / No / Unknown]]
- [ ] Is seller aware of any contamination on the property? [[Yes / No / Unknown]] Cite any NYS DEC Superfund listing: [[DEC Site Name / ID]]
- [ ] Is seller aware of any fuel-oil spill or petroleum release? [[Yes / No / Unknown]]
- [ ] Has any mold, mildew, or water infiltration been detected on the property? [[Yes / No / Unknown]], if Yes, location and remediation: [[Mold Description / Remediation Date]]
C. Flood and Water
- [ ] Is the property located in a designated FEMA Special Flood Hazard Area (SFHA)? [[Yes / No / Unknown]] Flood Zone: [[FEMA Flood Zone Designation]]
- [ ] Has the property ever flooded or experienced water intrusion? [[Yes / No / Unknown]], if Yes, describe: [[Flood History / Date / Cause]]
- [ ] Is flood insurance currently in place? [[Yes / No]] Annual premium (if any): [[[$Annual Flood Premium]]
- [ ] Are there any drainage or stormwater issues on or near the property? [[Yes / No / Unknown]]
- [ ] Is there a sump pump? [[Yes / No]] Does it have a battery back-up? [[Yes / No]]
D. Structural, Mechanical & Systems
- [ ] Roof: type [[Roof Material]], age [[Roof Age (years)]], known leaks or damage: [[Yes / No / Unknown]]
- [ ] Foundation: known cracks, settling, or water penetration: [[Yes / No / Unknown]]
- [ ] Basement: finished [[Yes / No]], known water intrusion: [[Yes / No / Unknown]]
- [ ] Heating system: type [[Heating System Type]], age [[Heating System Age]], last serviced [[Heating Last Service Date]]
- [ ] Cooling system: type [[Cooling System Type]], age [[Cooling Age]]
- [ ] Water heater: age [[Water Heater Age]], last serviced [[Water Heater Service Date]]
- [ ] Electrical: amperage [[Electrical Amperage]], known issues: [[Yes / No / Unknown]]
- [ ] Plumbing: material [[Pipe Material]], known leaks or defects: [[Yes / No / Unknown]]
- [ ] Fireplace / wood-burning stove: present [[Yes / No]], last inspected [[Fireplace Inspection Date]]
- [ ] Smoke detectors installed on each floor: [[Yes / No]] (required: NY Executive Law § 378(5))
- [ ] Carbon-monoxide detectors installed: [[Yes / No]] (required: NY Energy Law § 17-103)
- [ ] Known pest infestation (termites, rodents): [[Yes / No / Unknown]]
- [ ] Is there an operative swimming pool? [[Yes / No]] Fencing compliant with local code: [[Yes / No]]
E. Title and Legal
- [ ] Is there any private road or shared driveway? [[Yes / No]] If Yes, maintenance agreement recorded: [[Yes / No / Location of Agreement]]
- [ ] Are there any easements, rights-of-way, or encroachments affecting the property? [[Yes / No / Unknown]]
- [ ] Are there any deed restrictions, restrictive covenants, or conditions? [[Yes / No / Unknown]]
- [ ] Is the property subject to any homeowners' association (HOA)? [[Yes / No]] If Yes, HOA name: [[HOA Name]], annual dues: [[$Annual Dues]], pending special assessments: [[Yes / No / Amount]]
- [ ] Is the property subject to any land lease? [[Yes / No]]
- [ ] Are there any open building permits or unpermitted improvements? [[Yes / No / Unknown]]
- [ ] Has there been any addition, structural modification, or renovation? [[Yes / No]] If Yes, permits obtained: [[Yes / No / Partial]]
F. Miscellaneous
- [ ] Has there been a death on the property within the last three years? (Note: RPL § 443-a, sellers and agents are not required to disclose and may not be asked; buyers who wish to investigate independently may use third-party databases.) [[Seller may decline to answer; see Section 7.]]
- [ ] Is the property located in an agricultural district (Agriculture & Markets Law § 310 notice required)? [[Yes / No]]
- [ ] Are there any other material defects not covered above? [[Yes / No / Unknown]] Describe: [[Additional Material Defect Description]]
1.5 Delivery & Acknowledgment
- Seller must deliver a signed, completed PCDS to the buyer before the buyer signs the contract of sale.
- Buyer signs the Acknowledgment of Receipt on the PCDS form.
- A copy must be retained by seller's attorney.
- Inaccurate or incomplete statements on the PCDS can give the buyer a cause of action for rescission or damages under RPL § 465 and GBL § 349., -
Section 2, Federal Lead-Based Paint Disclosure (Pre-1978 Properties)
2.1 Governing Law
42 U.S.C. § 4852d; 24 C.F.R. Part 35 (HUD/EPA)
Applies to residential dwelling units built before January 1, 1978, regardless of state.
2.2 Seller Obligations
1. Provide the EPA-approved pamphlet, "Protect Your Family From Lead In Your Home."
2. Complete the Lead-Based Paint Disclosure Form (Disclosure of Information on Lead-Based Paint and Lead-Based Paint Hazards) disclosing:
- Presence of known lead-based paint or hazards: [[Known Lead Paint / Hazards, describe or state None Known]]
- Records or reports available to seller: [[Lead Paint Records / Test Reports, attach or state None]]
3. Allow 10-day inspection period for buyer to conduct lead-paint inspection or risk assessment (unless buyer waives in writing).
4. Retain a copy of the signed disclosure for three years.
2.3 Buyer Acknowledgment
Buyer must sign and date the Lead Disclosure Form confirming receipt of the pamphlet and acknowledgment of the seller's disclosures before signing the contract of sale.
Sellers / agents who fail to comply face civil penalties up to $11,000 per violation and potential criminal liability under 42 U.S.C. § 4852d(b)., -
Section 3, Agency Relationship Disclosure
3.1 Governing Law
RPL § 443 (Agency Disclosure)
3.2 When to Deliver
The New York Department of State (DOS) mandated Agency Disclosure Form must be provided to a buyer or seller at the first substantive contact, meaning the first time agent and consumer have a substantive discussion about a specific property or the consumer's needs (before showing property, discussing price, etc.).
3.3 Agency Relationships in New York
| Relationship | Whom the Agent Represents | Duty |
|---|---|---|
| , - | , - | , - |
| Seller's Agent (Listing Agent) | Seller only | Fiduciary duty to seller; must disclose relationship to buyer |
| Buyer's Agent | Buyer only | Fiduciary duty to buyer |
| Dual Agent | Both buyer and seller | Requires informed written consent from both; limited duties to each |
| Buyer's Subagent | Seller (via listing broker) | Works with buyer but represents seller |
| Transaction Broker / Facilitator | Neither (non-agency) | Limited facilitation only |
3.4 NY DOS Agency Disclosure Form, Required Fields
```
[[Brokerage Firm Name]]
[[Agent / Salesperson Name]]
[[License Number]]
[[Date of First Substantive Contact]]
In this transaction, the agent named above represents:
☐ Seller only (seller's agent)
☐ Buyer only (buyer's agent)
☐ Both seller and buyer (dual agent), written consent required
☐ Transaction broker (no agency)
Buyer/Seller Acknowledgment:
I/We acknowledge receiving this form.
Signature: ________________________ Date: [[Date]]
Printed Name: [[Client Full Name]]
```
- Each party must sign and date the form.
- The signed original must be retained by the brokerage.
- In a dual-agency arrangement, separate Dual Agency Consent Agreements must be signed., -
Section 4, New York Contract of Sale
4.1 Standard Forms
New York does not use a uniform statewide purchase contract like CAR's RPA. Instead:
- The New York State Bar Association (NYSBA) publishes standard Residential Contract of Sale forms used widely across the state.
- In New York City, the Real Estate Board of New York (REBNY) standard Contract of Sale is common.
- Many transactions use attorney-drafted contracts that incorporate standard NYSBA/REBNY provisions.
4.2 Key Contract Provisions
Identification of Parties
```
Seller: [[Seller Full Legal Name(s)]]
Buyer: [[Buyer Full Legal Name(s)]]
Property Address: [[Property Address]], [[City]], New York [[Zip Code]]
Section: [[Tax Map Section]] Block: [[Tax Map Block]] Lot: [[Tax Map Lot]]
```
Purchase Price and Deposit
- Purchase Price: $[[Purchase Price]]
- Contract Deposit (typically 10%): $[[Contract Deposit Amount]]
- Deposit held by: [[Escrow Agent, typically seller's attorney]] as escrow agent
- Balance at closing: $[[Balance Due at Closing]]
Mortgage Contingency
- Mortgage Amount: $[[Mortgage Loan Amount]]
- Type: [[Conventional / FHA / VA / Other]]
- Interest Rate (maximum): [[__]]%
- Mortgage Commitment Deadline: [[Mortgage Commitment Date]] (typically 30, 45 days from contract signing)
- If mortgage commitment not obtained by the deadline, buyer may cancel and receive full deposit refund.
Inspection Contingency
- Buyer right to conduct home inspection within [[Inspection Period (days)]] days of signing.
- If defects found exceeding $[[Repair Threshold]], buyer may: (a) cancel and receive deposit refund, (b) request seller credit of $[[Credit Amount]], or (c) proceed as-is.
Title and Survey
- Seller shall convey good and marketable title by [[Deed Type, Bargain and Sale / Warranty / Quitclaim]] deed, free and clear of all liens and encumbrances except: [[Permitted Exceptions]].
- Buyer may obtain a survey at buyer's expense.
- Title insurance required; see Section 9.
Closing Date
- Anticipated closing: on or about [[Anticipated Closing Date]].
- Time is not of the essence unless separately stated in writing.
Personal Property Included
The following personal property is included in the sale (in addition to fixtures): [[List of Personal Property, appliances, fixtures, etc.]]
Risk of Loss
Risk of loss remains with seller until delivery of deed. If the property is materially damaged prior to closing, buyer may cancel and receive deposit refund (NY GOL § 5-1311).
FIRPTA
If seller is a foreign person under 26 U.S.C. § 1445, buyer must withhold 15% of the purchase price at closing unless a withholding certificate is obtained. Seller certifies: [[US Citizen / Resident or Non-Resident Alien]]., -
Section 5, Condominium and Co-operative Disclosures
5.1 Condominium Purchases (RPL §§ 339-d to 339-kk; NY Attorney General Offering Plan)
For new construction or conversion condominiums, the developer must file a Plan of Offering (Offering Plan) with the NY Attorney General's Real Estate Finance Bureau under GBL § 352-e (Martin Act). The buyer must receive and approve the Offering Plan before signing a purchase agreement.
Key offering plan disclosures include:
- [ ] Unit descriptions, floor plans, and specifications
- [ ] Common elements and limited common elements
- [ ] Budget, common charges, and reserve fund
- [ ] Projected real estate taxes per unit
- [ ] Management company information
- [ ] Sponsor's right to unsold units
- [ ] Any litigation or regulatory proceedings affecting the development
- [ ] Condominium Rider to Contract of Sale required
For resale condominium units, the seller must provide:
- [ ] Current condo declaration, bylaws, and house rules
- [ ] Most recent meeting minutes (12 months)
- [ ] Current financial statements
- [ ] Common charge / maintenance amount: $[[Monthly Common Charges]] per month
- [ ] Pending special assessments: [[Yes / No]] Amount: $[[Special Assessment Amount]]
- [ ] Reserve fund balance: $[[Reserve Fund Balance]]
- [ ] Right of first refusal by condominium board: [[Yes / No]] (board typically has 30 days)
- [ ] Move-in / move-out fees: $[[Move Fees]]
5.2 Cooperative Apartment Purchases
Co-ops are not subject to PCDS (RPL § 465(2)(e)) because the buyer purchases shares of a corporation, not real property. Instead, the co-op corporation provides:
- [ ] Proprietary lease
- [ ] House rules
- [ ] Most recent audited financial statements
- [ ] Board meeting minutes (last 12 months)
- [ ] Maintenance amount: $[[Monthly Maintenance]] per month (includes real estate taxes and underlying mortgage)
- [ ] Flip tax (if applicable): [[Flip Tax Formula, % of sale price / profit / shares]]
- [ ] Subletting policy
- [ ] Pet policy
- [ ] Board approval required, buyer must submit a board package including:
- Financial statements (2 years tax returns, bank statements)
- Personal and professional references
- Board interview (if required)
- Processing fee: $[[Board Package Fee]]
Note: Co-op board approval is entirely at the board's discretion under NYC Admin. Code §§ 8-107 (anti-discrimination law applies, but boards need not give reasons for rejection)., -
Section 6, Transfer Taxes and Fees
6.1 New York State Transfer Tax
Tax Law § 1402
- Rate: $2.00 per $500 (or fraction thereof) of consideration, effectively 0.4% of purchase price.
- Paid by seller (unless seller is exempt, in which case buyer may be required to pay).
- Example: $[[Purchase Price]] × 0.4% = $[[NYS Transfer Tax Amount]]
- Filed on Form TP-584 (Combined Real Estate Transfer Tax Return) at closing.
6.2 New York State Mansion Tax
Tax Law § 1402-a
Applicable to residential property with a purchase price of $1,000,000 or more. Paid by buyer.
| Purchase Price | Mansion Tax Rate |
|---|---|
| , - | , - |
| $1,000,000, $1,999,999 | 1.00% |
| $2,000,000, $2,999,999 | 1.25% |
| $3,000,000, $4,999,999 | 1.50% |
| $5,000,000, $9,999,999 | 2.25% |
| $10,000,000, $14,999,999 | 3.25% |
| $15,000,000, $19,999,999 | 3.50% |
| $20,000,000, $24,999,999 | 3.75% |
| $25,000,000 or more | 3.90% |
Mansion Tax on this transaction: $[[Purchase Price]] × [[Rate]]% = $[[Mansion Tax Amount]]
6.3 New York City Real Property Transfer Tax (RPTT)
NYC Admin. Code §§ 11-2101 to 11-2116
Applies only to properties within New York City's five boroughs.
| Transaction Type | Rate (Class 1, 1, 3 unit residential) | Rate (Class 2 / Other) |
|---|---|---|
| , - | , - | , - |
| Under $500,000 | 1.00% | 1.425% |
| $500,000 or more | 1.425% | 2.625% |
Paid by seller (buyer liable if seller fails to pay). Filed on NYC RPTT Return Form NYC-RPT at closing.
NYC RPTT on this transaction: $[[NYC RPTT Amount]]
6.4 Mortgage Recording Tax
Tax Law §§ 253, 253-a
Applicable to new mortgages only (not refinances in certain circumstances). Paid by buyer/mortgagor.
| Jurisdiction | Rate (per $100 of mortgage) |
|---|---|
| , - | , - |
| New York State (mortgage < $10,000) | $0.50 per $100 |
| New York State (mortgage ≥ $10,000) | $1.05 per $100 |
| New York City (additional) | $1.80 per $100 (1, 2 family) / $1.925 (other) |
Mortgage amount: $[[Mortgage Amount]]
Estimated mortgage recording tax: $[[Mortgage Recording Tax Amount]], -
Section 7, Stigmatized Property / Death on Property
RPL § 443-a
New York law expressly provides that:
1. No seller or real-estate agent is required to disclose that the property was the site of a death or that a person has or had a disability (including HIV/AIDS).
2. A buyer may not legally demand disclosure of this information from a seller or agent.
3. A buyer has the right to research this information independently using third-party databases and public records.
> Practice note: Buyers who wish to investigate stigmatized-property history may use publicly available online databases (e.g., Diedinhouse.com, StigmatizedProperties.com) or search local news archives. Agents and sellers who choose to disclose such information voluntarily must ensure they do not discriminate on the basis of a person's disability (Human Rights Law, Executive Law § 296)., -
Section 8, New Construction and Builder Warranties
8.1 NY Home Warranty (GOL §§ 36-102 to 36-113)
For newly constructed residential homes (1, 2 family), the builder/seller must provide a statutory warranty:
- 1 year, workmanship and materials defects
- 2 years, plumbing, electrical, HVAC, and mechanical system defects
- 6 years, structural defects (major structural defects as defined in GOL § 36-102)
8.2 Builder Disclosure Requirements
Builder must disclose at or before contract signing:
- [ ] Warranty terms and coverage, see above
- [ ] Contact information for warranty service
- [ ] Certificate of Occupancy / Temporary Certificate of Occupancy: [[CO Status, Issued / Pending]]
- [ ] Survey of property
- [ ] Any litigation involving construction defects on other projects by the same builder, -
Section 9, Title Insurance and Survey
9.1 Title Insurance
Title insurance is required by lenders and strongly recommended for cash buyers in all New York transactions.
- Owner's Policy, protects buyer's ownership interest; premium based on purchase price.
- Lender's Policy, required by mortgagee; premium based on loan amount.
- Rate schedule, set by the New York State Department of Financial Services (NYSDFS) under Insurance Law § 2305.
Estimated owner's title insurance premium (purchase price $[[Purchase Price]]): $[[Owner Title Premium]]
9.2 Survey
- Seller typically provides an existing survey; if none exists, buyer typically commissions a new survey.
- Survey cost: $[[Survey Cost]] (varies; typically $500, $1,500)
- Updated survey affidavit (UA) may be accepted by title company in lieu of new survey in some cases., -
Section 10, Flood Zone and Environmental Disclosures
10.1 FEMA Flood Zone
- Seller must disclose flood-zone status in the PCDS (RPL § 462(1)(d)).
- If property is in a Special Flood Hazard Area (SFHA), lender will require flood insurance as a condition of the mortgage.
- Flood Insurance (NFIP or private): $[[Annual Flood Insurance Premium]] per year.
- FEMA community flood map: available at [msc.fema.gov](https://msc.fema.gov).
10.2 Agricultural District Notice
If the property is located within an Agricultural District (NY Agriculture & Markets Law § 310), the seller must provide an Agricultural District Notice stating that the property is adjacent to or within a state-certified agricultural district where agricultural operations are conducted and may continue.
10.3 DEC Environmental Registry
Sellers aware of any NYS DEC Superfund or State Registry listing must disclose in PCDS. Buyers may independently search [dec.ny.gov](https://dec.ny.gov) (Environmental Site Remediation Database)., -
Section 11, Role-Specific Obligations
11.1 Seller Obligations
| Obligation | Form / Statute | Deadline |
|---|---|---|
| , - | , - | , - |
| Deliver completed PCDS | NYS DOS PCDS form | Before buyer signs contract (RPL § 463) |
| Lead-paint disclosure (pre-1978) | EPA/HUD Disclosure Form | Before buyer signs contract (42 U.S.C. § 4852d) |
| Agency disclosure | NYS DOS Agency Disclosure Form | At first substantive contact (RPL § 443) |
| Provide deed | Bargain-and-Sale / Warranty Deed | At closing |
| Transfer Tax Return (TP-584) | NYS Form TP-584 | At closing |
| Certificate of Occupancy compliance | Municipal CO | Confirm with local building department prior to closing |
| Smoke / CO detectors installed | NY Executive Law § 378(5); Energy Law § 17-103 | Prior to closing, seller confirms in writing |
| Disclose HOA / condo docs | HOA docs / Condo rider | Prior to contract signing |
| Satisfy all open liens and mortgages | Payoff letters from lenders | At closing |
| Respond to title objections | Per contract timeframes | Within [[Title Objection Cure Period]] days of notice |
11.2 Buyer Obligations
| Obligation | Form / Statute | Deadline |
|---|---|---|
| , - | , - | , - |
| Sign Agency Disclosure Form | NYS DOS form | At first contact with agent (RPL § 443) |
| Execute Lead Disclosure Acknowledgment (pre-1978) | EPA/HUD Form | Before signing contract |
| Conduct inspections | Home inspection report | Within [[Inspection Period]] days of contract signing |
| Obtain mortgage commitment | Lender commitment letter | By [[Mortgage Commitment Deadline]] |
| Purchase title insurance (owner's policy) | Title company | At closing |
| Pay mansion tax (if applicable) | Form TP-584 | At closing (Tax Law § 1402-a) |
| Pay mortgage recording tax | Filed with county clerk | At closing (Tax Law § 253) |
| Conduct final walk-through | , | 24, 48 hours before closing |
| Pay balance of purchase price | Bank wire / certified check | At closing |
11.3 Licensed Real-Estate Agent / Broker Obligations
| Obligation | Statute | Notes | |
|---|---|---|---|
| , - | , - | , - | |
| Deliver Agency Disclosure Form at first substantive contact | RPL § 443 | Required for both buyers and sellers | |
| Disclose material facts known to agent | Common law / GBL § 349 | Includes latent defects agent knows of | |
| Comply with Fair Housing laws | 42 U.S.C. § 3604; Executive Law § 296 | No discriminatory steering or refusal | |
| Disclose dual agency and obtain written consent | RPL § 443 | Prior to any offer being made | |
| Avoid misrepresentation | GBL § 349; RPL § 441-c | Grounds for license revocation | |
| Maintain escrow accounts | DOS regulations | Earnest money in licensed trust account | |
| Do not disclose death / disability | RPL § 443-a | Strictly prohibited to disclose or inquire | |
| File or assist with TP-584 | Tax Law § 1404 | At closing | |
| Provide buyers with NYC RPTT info (NYC only) | NYC Admin. Code § 11-2108 | At first meeting | , - |
Section 12, Closing Process and Document Checklist
12.1 Typical New York Closing Timeline
| Milestone | Typical Timeframe |
|---|---|
| , - | , - |
| Accepted offer / term sheet | Day 0 |
| Attorneys negotiate contract of sale | Days 1, 10 |
| Contract signed; deposit wired | Days 10, 14 |
| Mortgage application submitted | Days 10, 14 |
| Home inspection(s) | Days 10, 21 |
| Title search ordered | Days 10, 14 |
| Mortgage commitment issued | Days 30, 45 from contract |
| Title commitment issued | Days 20, 35 from contract |
| Closing scheduled | 45, 90 days from contract |
| Final walk-through | 24, 48 hours before closing |
| Closing | [[Anticipated Closing Date]] |
12.2 Closing Documents Checklist
Seller provides at closing:
- [ ] Deed (signed, notarized): [[Deed Type]]
- [ ] Affidavit of Title (confirms no judgments, liens, or encumbrances post-title search)
- [ ] Form TP-584 (Transfer Tax Return, signed by seller)
- [ ] Form TP-584.1 (Real Estate Transfer Tax Addendum, if applicable)
- [ ] NYC RPT Form (NYC transactions only)
- [ ] ACRIS Cover Page (NYC transactions only)
- [ ] IRS Form 1099-S (if applicable)
- [ ] FIRPTA Certification (if U.S. person) or withholding certificate
- [ ] Payoff letter(s) from existing mortgage lender(s)
- [ ] Satisfaction(s) of Mortgage / Release(s) of Lien
- [ ] Certificate of Occupancy (or confirmation of compliance)
- [ ] House-keys, garage remotes, access codes, appliance manuals
- [ ] HOA transfer documentation / estoppel letter (if applicable)
Buyer provides / receives at closing:
- [ ] Certified check or bank wire for balance of purchase price
- [ ] Mortgage documents (signed with lender's attorney or at title company)
- [ ] Mortgage Recording Tax payment
- [ ] Owner's title insurance policy
- [ ] Recorded deed (returned by county clerk after recording, may take weeks)
- [ ] Certified copy of TP-584, -
Section 13, Exemptions from Disclosure Requirements, Summary
| Disclosure | Exemptions | |
|---|---|---|
| , - | , - | |
| PCDS (RPL § 465) | Court-ordered transfers; fiduciary transfers (executor, trustee, guardian); mortgagee/lender deeds in lieu; family transfers (spouse, parent-child, siblings); new construction with builder warranty; vacant land; co-ops; no-consideration transfers | |
| Lead Disclosure (42 U.S.C. § 4852d) | Properties built on or after January 1, 1978; commercial; zero-bedroom units | |
| Agency Disclosure (RPL § 443) | Transactions not involving a licensed real-estate broker / agent | |
| Mansion Tax (Tax Law § 1402-a) | Purchases under $1,000,000; transfers with no monetary consideration | |
| NYC RPTT | Transfers with consideration under $25,000; transfers to/from governmental entities | |
| Mortgage Recording Tax | Refinances (partial exemption); certain government mortgages | , - |
Section 14, Quick-Reference by Role
Seller Checklist
1. Complete and sign PCDS (NYS DOS form), deliver to buyer before contract signing.
2. If property built before 1978: complete Lead-Based Paint Disclosure Form and provide EPA pamphlet, deliver before contract signing.
3. Sign Agency Disclosure Form at first meeting with listing agent.
4. Provide condo / co-op documents (offering plan, financials, house rules) if applicable, at least 5 business days before closing.
5. Install and certify smoke and CO detectors per NY Executive Law § 378(5) and Energy Law § 17-103.
6. Obtain payoff letters from all existing lenders prior to closing.
7. Sign TP-584 at closing; pay NY State Transfer Tax.
8. Sign NYC RPT at closing if property is in New York City; pay RPTT.
9. Execute and deliver deed (Bargain-and-Sale Deed with covenants, or as negotiated) at closing.
Buyer Checklist
1. Sign Agency Disclosure Form at first meeting with buyer's agent.
2. Sign and acknowledge Lead Disclosure Form (pre-1978 properties) before contract signing.
3. Review and acknowledge receipt of PCDS, raise any concerns with attorney before contract signing.
4. Order home inspection within the inspection contingency period.
5. Apply for mortgage promptly; obtain commitment letter by the mortgage commitment deadline.
6. Order title search through your attorney or title company.
7. Purchase owner's title insurance policy at closing.
8. Pay mansion tax (if purchase price ≥ $1,000,000) via attorney at closing.
9. Pay mortgage recording tax at closing.
10. Conduct final walk-through 24, 48 hours before closing.
Agent / Broker Checklist
1. Deliver Agency Disclosure Form (DOS approved) at first substantive contact, retain signed original.
2. Confirm PCDS has been completed and signed by seller before contract is circulated.
3. Confirm Lead Disclosure Form and pamphlet delivered for pre-1978 properties.
4. Disclose any material defects known to the agent, even if not on PCDS.
5. Obtain dual-agency consent in writing from both parties if representing both.
6. Ensure all deposit/escrow funds are held in a licensed trust account.
7. Do not disclose death, disability, or stigmatized property information (RPL § 443-a).
8. Assist seller in completing TP-584 and NYC RPT (NYC) at closing., -
Signature and Acknowledgment Block
```
SELLER DISCLOSURE ACKNOWLEDGMENT
Property Address: [[Property Address]]
Date of Delivery: [[Delivery Date]]
Seller certifies that the statements made herein are true and complete to the best
of seller's knowledge and belief. Seller acknowledges the duty to supplement or
correct this disclosure if any information herein becomes inaccurate.
Seller Signature: _______________________ Date: ___________
Printed Name: [[Seller Full Legal Name]]
Seller Signature: _______________________ Date: ___________
Printed Name: [[Seller Full Legal Name, Co-Seller, if any]]
BUYER ACKNOWLEDGMENT
Buyer acknowledges receipt of this New York Real Estate Forms & Disclosure Guide
and the completed Property Condition Disclosure Statement.
Buyer Signature: _______________________ Date: ___________
Printed Name: [[Buyer Full Legal Name]]
Buyer Signature: _______________________ Date: ___________
Printed Name: [[Buyer Full Legal Name, Co-Buyer, if any]]
```, -
Sources and As-of Date
| Source | Citation |
|---|---|
| , - | , - |
| NY Real Property Law §§ 462, 465 (PCDA) | RPL § 462, 465; amended 2024 (elimination of $500 credit) |
| Agency Disclosure | RPL § 443; NYS DOS Agency Disclosure Form |
| Stigmatized Property | RPL § 443-a |
| Lead-Based Paint Disclosure | 42 U.S.C. § 4852d; 24 C.F.R. Part 35; HUD/EPA (1996) |
| Smoke Detectors | NY Executive Law § 378(5) |
| CO Detectors | NY Energy Law § 17-103 |
| NY State Transfer Tax | Tax Law § 1402; Form TP-584 |
| Mansion Tax | Tax Law § 1402-a |
| NYC Real Property Transfer Tax | NYC Admin. Code §§ 11-2101 to 11-2116 |
| Mortgage Recording Tax | Tax Law §§ 253, 253-a |
| Condominium Act | RPL §§ 339-d to 339-kk |
| Martin Act (offering plans) | GBL § 352-e |
| NY Home Warranty | GOL §§ 36-102 to 36-113 |
| Risk of Loss | NY GOL § 5-1311 |
| Agricultural District Notice | Agriculture & Markets Law § 310 |
| FIRPTA | 26 U.S.C. § 1445 |
| Fair Housing | 42 U.S.C. § 3604; NY Executive Law § 296 |
| Consumer Protection | GBL § 349 |
> Figures and statutes verified as of June 2026. Mansion tax brackets as of 2019 (amended by L. 2019, ch. 59). Transfer tax rates effective 2019. PCDA $500-credit abolishment effective March 20, 2024 (L. 2023, ch. 819). Lead disclosure regulations last revised by HUD 2024 (civil penalty amounts adjusted)., -
> ⚠️ Template example, not professional legal, financial, or tax advice. Statutory figures, tax rates, and disclosure requirements change; verify all figures against current New York and federal law before relying on this guide. Consult a licensed New York real-estate attorney and licensed real-estate broker before completing any transaction. Invented values are tagged `[[Field Name]]`.
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How it works.
New York Real Estate Forms & Disclosure Guide: provide transaction type, property type, role (buyer/seller/agent) and get a complete disclosure and forms guide in minutes - including required disclosure forms, deadlines, agency disclosure rules. Free AI workflow, no signup required to preview.
California real estate disclosure/forms guide: required statutory disclosures (TDS, NHD, etc.), CAR forms, exemptions, role-specific duties.
What good looks like.
What it must include
- 01Statutory Transfer Disclosure Statement (TDS, Civ. Code sec. 1102), Natural Hazard Disclosure Statement (NHD), and required supplemental disclosures (lead-based paint for pre-1978, Mello-Roos, SB 800, Megan's Law database notice, death on property per sec. 1710.2, water-conforming/CO/smoke detectors)
- 02agency-relationship disclosure (AD form) and the CAR Residential Purchase Agreement (RPA)
- 03seller financing/transfer-fee disclosures
- 04exemptions (probate, trustee sales)
- 05role-specific obligations (buyer/seller/agent)
Signals of expertise
- ★Names the TDS, NHD, and CAR RPA forms, cites sec. 1102/sec. 1710.2 and Megan's Law/Mello-Roos disclosures, and distinguishes which disclosures apply by transaction type and who must deliver them
- ★lead-paint federal overlay
Common mistakes
- ×Generic disclosure list missing CA-specific TDS/NHD/Mello-Roos/Megan's Law
- ×ignoring exemptions
- ×not differentiating buyer/seller/agent duties
- ×outdated form references
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