New York Property Condition Disclosure Statement: Who Files It, When and What It Covers

The disclosure statement has to reach the buyer before the contract is signed. This page explains how the rule works for Nassau County sellers and buyers, using the statute text and the Department of State form. For the rest of the sale process, see the selling hub.

Do you need a property condition disclosure in New York?

Every seller of residential real property under a real estate purchase contract must complete and sign a property condition disclosure statement. Under Real Property Law section 462, the seller delivers the statement, or a copy, to the buyer or the buyer’s agent before the buyer signs a binding contract of sale. A copy carrying both the seller’s and the buyer’s signatures is attached to the purchase contract.

The form defines residential real property as real property improved by a one-to-four family dwelling used as a home. It excludes condominium units, cooperative apartments and property in a homeowners’ association that the seller does not own in fee simple. A seller answers from actual knowledge, checks “NA” for items that do not apply and “Unkn” when the answer is unknown.

What is the new property disclosure law?

The Department of State publishes the form as DOS-1614-f, and the current revision is Rev. 02/25, effective July 1, 2025. The seller’s obligation itself comes from the Property Condition Disclosure Act, which requires delivery of the statement before the buyer signs a binding contract. The Department of State announced the change in a licensee bulletin dated June 4, 2025.

How to get the form

The form is issued by the Department of State’s Division of Licensing Services as DOS-1614-f (Rev. 02/25). A seller can authorize an agent to give a copy to a prospective buyer. The deadline runs to the buyer’s signature on the contract.

Sales that do not need a statement

Real Property Law section 463 lists transfers where no statement is required. The listed transfers are:

• A transfer under a court order, including a probate court order during administration of an estate.
• A transfer to a beneficiary of a deed of trust.
• A transfer under a foreclosure sale that follows a default on a mortgage-secured obligation.
• A transfer from one co-owner to one or more other co-owners.
• A transfer to the transferor’s spouse or to lineal relatives.
• A transfer between spouses or former spouses under a divorce decree.

What the seller certifies, and what the form is not

The seller certifies that the information is true and complete to the seller’s actual knowledge as of the date signed. The buyer acknowledges receiving a copy. A knowingly false or incomplete statement may subject the seller to buyer claims before or after the transfer of title.

The statement is not a warranty of any kind by the seller or the seller’s agent. It is not a substitute for inspections or tests, and the buyer is encouraged to get independent professional inspections and environmental tests. The statute also leaves parties free to agree on the physical condition of the property, including a sale as is.

A seller who learns that an earlier statement is materially inaccurate must deliver a revised statement as soon as practicable. No revised statement is required after the earlier of the transfer of title or the buyer’s occupancy.

Flood and environmental questions on the form

The 02/25 form opens its flood block with three FEMA-based questions, items 10 to 12.

Item 11 labels the Special Flood Hazard Area the “100-year floodplain” and item 12 labels the Moderate Risk Flood Hazard Area the “500-year floodplain”. The form adds that homes in the Special Flood Hazard Area with mortgages from federally regulated or insured lenders must carry flood insurance. FEMA encourages flood insurance in high, moderate and low risk zones even when it is not required, and a standard homeowner’s policy typically does not cover flood damage.

Two form notes help buyers. An elevation certificate is a FEMA form completed by a licensed surveyor or engineer, and a buyer may be able to use a previous owner’s certificate for a flood policy. For a property that received federal disaster assistance, the flood insurance requirement passes to all future owners. Item 14 asks about FEMA, SBA or other federal disaster flood assistance for flood damage to the property, including by previous owners. Items 15 to 17 ask about flood insurance on the property, a FEMA elevation certificate and past flood damage claims, including to the National Flood Insurance Program. Items 38 and 39 ask about flooding, drainage or grading problems that left standing water, and about water penetration from seepage or a natural flood event. Map details are in the flood zones guide.

The form also asks about petroleum products and hazardous or toxic substances the seller knows were spilled, leaked or released on the property, and urges soil and groundwater testing if contamination is a concern.

What the 56 items cover

The form runs to 56 numbered items. Items 1 to 9 open with general information, including the age of the structure, whether anybody else claims to own part of the property, and certificates of occupancy. For a structure built before 1978, the form encourages the buyer to investigate for lead-based paint.

The roof item asks whether a transferable warranty is in effect now. The form also encourages the buyer to check public records about the property.

The statute encourages buyers to get independent professional inspections and environmental tests. The home inspection guide covers what an inspector checks, and sellers planning ahead can see selling costs for what else goes into a sale.