Selling your home without an agent inNew York

N.Y. Real Prop. Law § 461(5)

For New York’s Property Condition Disclosure Act, residential real property means a one-to-four-family home, and excludes unimproved property for future construction, condominium units, cooperative apartments, and HOA property not owned by the seller in fee simple.

N.Y. Real Prop. Law § 462(1)

Except for transfers exempted by Real Property Law § 463, a seller of covered New York residential real property must complete, sign, and deliver the property condition disclosure statement to the buyer or buyer’s agent before the buyer signs a binding sale contract; the seller- and buyer-signed copy must be attached to the contract.

N.Y. Real Prop. Law § 462(3)

Article 14 does not itself require the seller to investigate or inspect the property or search public records.

N.Y. Real Prop. Law § 463 (opening clause)

A New York property condition disclosure statement is not required for a foreclosure sale following default on an obligation secured by a mortgage.

N.Y. Real Prop. Law § 463 (opening clause)

A New York property condition disclosure statement is not required for a fiduciary transfer made in the course of administering an estate, guardianship, conservatorship, or trust.

N.Y. Real Prop. Law § 463 (opening clause)

A New York property condition disclosure statement is not required for a transfer pursuant to a partition action.

N.Y. Real Prop. Law § 463 (opening clause)

A New York property condition disclosure statement is not required for a transfer by a sheriff.

N.Y. Real Prop. Law § 463 (opening clause)

A New York property condition disclosure statement is not required for a sale under a power of sale following default on an obligation secured by a mortgage.

N.Y. Real Prop. Law § 463 (opening clause)

A New York property condition disclosure statement is not required for a transfer to or from New York State, a political subdivision of the state, or another governmental entity.

N.Y. Real Prop. Law § 463 (opening clause)

A New York property condition disclosure statement is not required for a transfer involving newly constructed residential real property that has not previously been inhabited.

N.Y. Real Prop. Law § 463 (opening clause)

A New York property condition disclosure statement is not required for a transfer from one co-owner to one or more other co-owners.

N.Y. Real Prop. Law § 463 (opening clause)

A New York property condition disclosure statement is not required for a transfer between spouses or former spouses resulting from the marital decrees, separation, or related property-settlement arrangements listed in § 463(10).

N.Y. Real Prop. Law § 463 (opening clause)

A New York property condition disclosure statement is not required for a residential-real-property transfer pursuant to a court order, including the nonexclusive examples listed in Real Property Law § 463(1).

N.Y. Real Prop. Law § 463 (opening clause)

A New York property condition disclosure statement is not required for a transfer to the transferor's spouse or to one or more persons in the lineal consanguinity of one or more transferors.

N.Y. Real Prop. Law § 463 (opening clause)

A New York property condition disclosure statement is not required when a mortgagor transfers covered residential real property to the mortgagee, or its affiliate or agent, by deed in lieu of foreclosure or in satisfaction of the mortgage debt.

N.Y. Real Prop. Law § 463 (opening clause)

A New York property condition disclosure statement is not required for the transfer described in § 463(6) by a mortgagee, mortgage beneficiary, or its affiliate or agent after acquiring the property at a mortgage sale or by deed in lieu of foreclosure.

N.Y. Real Prop. Law § 463 (opening clause)

A New York property condition disclosure statement is not required for a transfer of covered residential real property to a beneficiary of a deed of trust.

N.Y. Real Prop. Law § 464

If a New York seller learns information that makes a previously delivered property condition statement materially inaccurate, the seller must deliver a revision as soon as practicable, but not after title transfer or buyer occupancy, whichever occurs first.

N.Y. Real Prop. Law § 465(2)

Under Real Property Law § 465, a seller’s willful failure to perform Article 14 requirements can result in liability for the buyer’s actual damages in addition to other existing equitable or statutory remedies.

42 U.S.C. § 4851b(27)

Federal lead-disclosure law generally defines target housing as housing constructed before 1978, subject to the statutory elderly, disability, zero-bedroom, child-occupancy, and jurisdiction-specific exceptions.

42 U.S.C. § 4852d(a)(1)(B)

Before a purchaser or lessee is contractually obligated for target housing, the seller or lessor must disclose known lead-based paint or hazards and provide available lead-hazard evaluation reports.

42 U.S.C. § 4852d(a)(1)(C)

For a target-housing sale, the seller must permit the purchaser a 10-day lead risk-assessment or inspection period unless the parties mutually agree to a different period.