How to Read New York's Property Condition Disclosure

The current Department of State form has 56 numbered items. It asks about ownership and occupancy, flood risk and history, environmental conditions, structural concerns, utilities, water and sewage systems, mechanical systems and the school district. The seller answers from actual knowledge, may use “Unknown” when the answer is not known and must revise the statement if newly acquired knowledge makes an earlier answer materially inaccurate before the statutory revision duty ends.

Official source map

Article 14 of the New York Real Property Law controls this form. Section 461 defines the key terms. Section 462 establishes delivery timing, prescribes the statement and says the seller need not investigate or search public records. Section 463 lists exempt transfers. Section 464 creates the revision duty. Section 465 addresses seller liability. Section 466 defines the limited duties of real estate agents under Article 14.

The Department of State identifies DOS-1614-f, revised February 2025 and effective July 1, 2025, as the required current form. The statute and Department form were checked on August 27, 2026.

The five rules to remember first

1. Coverage: Article 14 generally concerns covered sales of residential real property improved by a one-to-four-family dwelling used or intended to be used wholly or partly as a home.
2. Timing: The statement must reach the buyer or buyer's agent before the buyer signs a binding contract of sale.
3. Knowledge: The seller answers from actual knowledge and is not required by Article 14 to inspect the property or search public records.
4. Purpose: The statement is disclosure, not a warranty and not a substitute for independent inspections, environmental testing or a records review.
5. Revision: If the seller later learns something that makes a prior statement materially inaccurate, the seller must provide a revised statement as soon as practicable, subject to the endpoint in section 464.

These rules solve more exam questions than memorizing the position of every checkbox.

What property is covered?

Section 461 defines “residential real property” for this article as real property improved by a one-to-four-family dwelling that is used or occupied, or intended to be used or occupied, wholly or partly as the home or residence of one or more people.

The definition excludes:

• unimproved land on which those dwellings are to be built
• condominium units
• cooperative apartments
• property in a homeowners' association that the seller does not own in fee simple

Do not turn this into the broader idea that every residential transaction uses this form. A condominium unit can be residential in ordinary speech and still fall outside Article 14's definition. A five-unit building is also outside this particular one-to-four-family definition, even though other disclosure, contract and licensing rules can apply.

Which agreements count as a real estate purchase contract?

The statute reaches more than the familiar residential contract of sale. Section 461 includes:

• a contract to purchase, sell or exchange covered residential property
• a lease with an option to purchase covered residential property
• a lease with an obligation to purchase covered residential property
• an installment land sale contract for covered residential property

A “binding contract of sale” includes a purchase contract or offer that, when signed by the seller and subject to its contingencies, would require the buyer to accept a transfer of title. This definition explains why the delivery deadline is tied to the buyer's signature, not to closing.

When must the statement be delivered?

For a covered transaction that is not exempt, the seller must complete and sign the statement and cause it or a copy to be delivered to the buyer or buyer's agent before the buyer signs a binding contract of sale.

After both seller and buyer sign, a copy bearing both signatures must be attached to the real estate purchase contract.

Three common timing errors are:

• giving the form to the buyer after the buyer has already signed
• waiting until closing because title has not transferred yet
• treating a contract contingency as permission to delay delivery

The statutory trigger is the buyer's signing of the binding contract, even when the contract contains contingencies.

The old $500 credit is no longer the law

Older New York courses, forms and online articles may say that a seller can skip the statement and give the buyer a $500 credit at closing. That rule is outdated.

Chapter 484 of the Laws of 2023 repealed the $500 credit provision and expanded the form's flood disclosures. The changes took effect March 20, 2024. A current exam answer should not describe the credit as an available alternative to delivery.

The current rule is not “disclose or pay $500.” A covered, nonexempt seller must comply with Article 14, and section 465 addresses liability for willful failure.

What “actual knowledge” means

Section 461 defines knowledge as the seller's actual knowledge of a defect or condition. Section 462 then states that Article 14 does not require the seller to perform an investigation or inspection or check public records.

That creates an important distinction:

• No means the seller represents, from actual knowledge, that the answer is no.
• Unknown means the seller does not know the answer.
• Not applicable means the item does not apply to the property.
• Yes usually calls for the requested explanation or document.

“Unknown” is not a shortcut for avoiding a fact the seller actually knows. “No” should not be guessed because the seller has never noticed a problem. The form tells the seller to complete it personally and to use additional signed pages if more room is needed.

What the seller does not have to do under Article 14

The seller does not have to commission a home inspection, environmental test, survey, title search or flood-map review solely because this statute requires the form. That does not prevent a contract, another law or the facts of a transaction from creating a separate obligation.

Likewise, the buyer should not read an “Unknown” answer as proof that no problem exists. It signals a question that may deserve records research, an inspection or advice from the appropriate professional.

How to read the current 56-item form

The easiest method is to treat the form as a risk map. Each answer should lead to one of three buyer decisions: accept the information, ask for supporting records or investigate further before the contract makes that investigation difficult.

Part 1: general information, items 1 through 9

The opening section asks about:

• how long the seller has owned and occupied the property
• the age of the structures
• leases, easements and other rights to use or occupy the property that are not stated in available public records
• competing ownership claims or denied access
• shared walls, fences, driveways and homeowners' association features
• utility surcharges, assessments and association fees
• certificates of occupancy

These questions connect physical use to legal records. For example, a shared driveway answer should prompt a review of the deed, survey, easement documents and maintenance arrangement. A “Yes” answer about certificates of occupancy does not by itself show that every addition or current use is lawful. The buyer should compare the answer with municipal records and the actual property.

Item 3 notes that a buyer of a structure built before 1978 is encouraged to investigate lead-based paint. That note does not replace the separate federal lead-disclosure process that applies to most pre-1978 housing.

Part 2: environmental and flood information, items 10 through 27

This section begins with the form's expanded flood questions. It asks whether:

• any of the property is in a FEMA-designated floodplain
• the property is wholly or partly in a Special Flood Hazard Area, sometimes called a 100-year floodplain, under current FEMA maps
• the property is wholly or partly in a moderate-risk area, sometimes called a 500-year floodplain, under current FEMA maps
• federal law requires flood insurance to be obtained and maintained
• the seller or a known prior owner received federal disaster flood assistance
• flood insurance is currently in place
• a FEMA elevation certificate is available
• the seller has filed a flood-damage insurance claim

The form asks the seller to attach the flood policy and elevation certificate when the applicable answer is yes. It also explains that standard homeowners insurance typically does not cover flood damage and that current maps may not reflect all future coastal risk.

The remaining environmental items cover:

• designated wetlands and agricultural districts
• former landfill use
• aboveground and underground fuel tanks, use and leakage
• asbestos and lead plumbing
• radon testing
• releases and testing involving petroleum, methane and hazardous or toxic substances
• indoor mold testing

Some questions ask whether a condition exists. Others ask whether testing occurred. Those are not the same. A “No” response to “Has a radon test been done?” means no test is known, not that radon is absent.

Part 3: structural information, items 28 through 33

The structural section asks about:

• rot or water damage
• fire or smoke damage
• termite, insect, rodent or pest infestation or damage
• testing for those pests or damage
• roof type, age, known material defects and a transferable warranty
• known material defects in footings, beams, girders, lintels, columns or partitions

Read every multi-part question all the way through. A seller might know the roof material but not its age. The answers and explanation should make that distinction instead of compressing the entire item into one yes or no.

A real estate salesperson should not diagnose structural soundness. The salesperson can identify the disclosed fact, recommend appropriate investigation and help the parties communicate through the broker's lawful role. An engineer, architect, licensed home inspector or other qualified professional addresses technical conclusions within that professional's authority.

Part 4: systems and services, items 34 through 55

This part asks about the property's operating systems and certain components:

• water source and whether municipal service is metered
• water-quality or flow testing
• public sewer, private sewer, septic or cesspool service
• septic or cesspool age, pumping history and known defects
• electric provider, amperage, breakers or fuses, pole type and known defects
• drainage, grading and standing water
• water penetration or damage from seepage or natural flood events
• plumbing, security, carbon monoxide detector, smoke detector and fire sprinkler systems
• sump pump, foundation, walls, ceilings, siding and floors
• chimney, fireplace or stove
• patio, deck and driveway
• air conditioning, heating and hot-water systems

The current form points readers to the New York State Department of Health's septic-system operation and maintenance information. That reference was added to the form effective July 1, 2025. It did not turn the statement into a septic inspection or maintenance certificate.

Questions 38 and 39 deserve separate attention. One focuses on flooding, drainage or grading that caused standing water on any part of the property. The other asks about water penetration or damage to a structure from seepage or a natural flood event. A property can have one without the other.

Part 5: school district and explanations, item 56

The final numbered item asks for the school district. The form then encourages the buyer to check public records, including tax records, wetland information, current FEMA flood insurance rate maps and elevation certificates.

The explanation space is part of the disclosure. A bare “Yes” often does not tell the buyer what happened, where, when or what records exist. The seller can attach additional signed pages and should identify how many are attached.

The signature blocks matter

The seller's certification states that the information is true and complete to the seller's actual knowledge as of the signing date. The buyer's signature acknowledges receipt and recognizes the form's limited purpose.

The buyer's signature does not:

• certify that every seller answer is true
• waive an agreed inspection contingency
• convert the statement into a warranty
• establish that a disclosed condition is acceptable
• replace legal, engineering, environmental or insurance advice

For the exam, separate acknowledgment of receipt from agreement with the property's condition.

When must the seller revise the statement?

If the seller acquires knowledge that makes a previously delivered statement materially inaccurate, section 464 requires the seller to deliver a revised statement as soon as practicable.

The statutory duty does not require a revision after the earlier of:

• transfer of title from seller to buyer, or
• occupancy by the buyer

This is an “earlier of” rule. If the buyer occupies before closing, the revision endpoint can arrive before title transfers.

Example

The seller answered that there had been no water penetration. Before closing, a storm produces basement seepage and the seller learns that the prior answer is now materially inaccurate. The seller must deliver a revised statement as soon as practicable unless the statutory revision period has already ended.

Which transfers are exempt?

Section 463 lists fourteen categories of exempt transfers. They include:

• transfers under court orders, including specified probate, execution, bankruptcy, eminent-domain and specific-performance transfers
• a deed in lieu of foreclosure or transfer satisfying mortgage debt to the mortgagee or its affiliate or agent
• a transfer to a deed-of-trust beneficiary
• foreclosure sales and certain sales following mortgage default
• specified transfers by a mortgagee or beneficiary after foreclosure or a deed in lieu
• transfers by a fiduciary administering a decedent's estate, guardianship, conservatorship or trust
• a transfer from one co-owner to one or more other co-owners
• a transfer to the transferor's spouse or lineal relatives
• transfers between spouses or former spouses resulting from divorce, dissolution, annulment, legal separation or an associated property settlement
• transfers to or from the state, a political subdivision or another governmental entity
• newly constructed residential property that has never been inhabited
• transfers by a sheriff
• transfers under a partition action

An exemption applies because of the transaction category, not merely because the seller has never occupied the property. A nonoccupant investor selling an ordinary covered one-to-four-family home is not automatically exempt.

Can the property still be sold “as is”?

Yes. Section 462 says Article 14 does not prevent the parties from making agreements about physical condition, including an “as is” sale.

An “as is” clause and a property condition statement do different jobs. The statement supplies required information from the seller's actual knowledge. An “as is” provision allocates contractual risk under its terms. Calling a sale “as is” does not by itself remove the statutory delivery duty for a covered, nonexempt transaction.

Parties should obtain legal advice about the effect of actual contract language. A salesperson should not draft legal provisions or explain a clause beyond the lawful scope of the license.

Seller liability under Article 14

Section 465 preserves existing legal causes of action and remedies. It also provides that a seller who provides the statement, or provides or fails to provide a revised statement, is liable under Article 14 only for a willful failure to perform the article's requirements. For such a willful failure, the seller is liable for the buyer's actual damages in addition to other existing equitable or statutory remedies.

The form also warns that a knowingly false or incomplete statement may expose the seller to buyer claims before or after title transfers.

Do not turn these provisions into an automatic award. A dispute requires facts about the seller's knowledge, conduct, causation, loss and the legal theory being asserted. The former automatic-sounding $500 credit is not the current remedy.

What are the agent's duties?

Section 466 assigns focused information duties:

• A listing broker representing the seller must timely inform each represented seller of the seller's Article 14 obligations.
• A buyer's agent must timely inform the buyer of the buyer's Article 14 rights and obligations.
• If the buyer has no agent, the seller's agent dealing with the prospective buyer must timely inform that buyer, in every event before the buyer signs a binding contract.

An agent who performs section 466's duties has no further duties under Article 14 and is not liable to a party for a violation of that article. That limitation does not erase duties arising under agency law, Article 12-A, fair dealing, other disclosure laws or the facts of the transaction.

The form says the seller should complete it. A licensee should not answer factual questions for the seller, guess at conditions or convert an uncertain statement into a confident answer. The licensee can explain the form's purpose and timing, route legal questions to counsel and ensure the document moves through the transaction correctly.

The form is not the entire disclosure file

Several other documents or investigations can matter. They should not be merged into the Property Condition Disclosure Statement.

Federal lead-based paint disclosure

For most pre-1978 housing, federal law separately requires disclosure of known lead-based paint information, available records, an approved pamphlet, contract language and an opportunity for the buyer to conduct a lead inspection or risk assessment. The state form's note about pre-1978 structures does not replace that process.

Agency disclosure

The section 443 agency disclosure form explains whom the real estate licensee represents. It does not report the property's physical condition.

Home inspection

A home inspection is an independent professional examination within its scope. The seller's statement is based on actual knowledge and does not require the seller to investigate. One cannot substitute for the other.

Title, survey and municipal records

Easements, liens, boundaries, certificates of occupancy, open permits and lawful use may require a title search, survey and municipal records review. A checkbox is a starting point, not conclusive clearance.

Flood, environmental and insurance review

Current FEMA maps, flood claims, elevation information, insurance availability, wetlands, tanks, contamination and testing require different records and specialists. The buyer should match each concern to the appropriate source before contractual deadlines expire.

A practical buyer review method

Use this sequence when a buyer receives the form:

1. Confirm that the property and transaction appear covered.
2. Check that the seller signed and dated the current form.
3. Read every answer, including “Unknown” and “Not applicable.”
4. Match each “Yes” answer to the explanation and promised attachment.
5. Flag incomplete multi-part questions.
6. Compare answers with the listing, visual observations and documents already received.
7. Turn each uncertainty into a records request, inspection question or professional referral.
8. Track the contract deadline for inspections and objections.
9. Watch for later facts that may require a revised statement.
10. Keep the signed statement and attachments with the transaction file.

The goal is not to make every answer look clean. It is to understand what is known, what remains unknown and what should be checked before the buyer's choices narrow.

Worked exam scenarios

Scenario 1: delivery at closing

A covered seller plans to hand the statement to the buyer at closing.

That is too late. Delivery must occur before the buyer signs the binding contract of sale.

Scenario 2: seller does not know the roof age

The seller has no actual knowledge of the roof's age and has no record showing it.

The seller may use “Unknown.” Article 14 does not require the seller to hire an inspector or search public records solely to answer the form.

Scenario 3: old course says take the credit

A practice question says the seller may avoid the form by giving a $500 credit at closing.

That answer reflects repealed law. The credit alternative ended in 2024.

Scenario 4: condominium resale

An owner sells a condominium unit.

Article 14's definition of residential real property excludes condominium units. Avoid confusing that exclusion with the separate statutory list of transfer exemptions.

Scenario 5: occupied new construction

A newly built one-family home was previously inhabited and is now being resold.

The exemption for newly constructed property applies when it was not previously inhabited. The facts do not satisfy that wording merely because the building is recent.

Scenario 6: buyer moves in before closing

The buyer takes occupancy before title transfers. The seller later learns that an earlier answer was materially inaccurate.

Section 464 ends the required revision period at the earlier of transfer of title or buyer occupancy. The occupancy date controls in this scenario.

Scenario 7: “as is” contract

The parties agree that the property will be sold “as is,” and the seller refuses to provide the statement.

An “as is” agreement can coexist with Article 14. It does not itself create a delivery exemption.

Scenario 8: agent completes the form

The seller asks the listing salesperson to select “No” for all items because the salesperson toured the house.

The form directs the seller to complete it based on the seller's actual knowledge. The salesperson should not substitute personal guesses for the seller's representations.

Scenario 9: no radon test

The form says no radon test has been conducted. The buyer treats that answer as proof that no radon exists.

The question concerns whether testing occurred. A lack of testing does not establish the absence of radon.

Scenario 10: buyer signs receipt

The buyer signs the acknowledgment and later discovers that an inspection issue needs negotiation.

The signature acknowledges receipt. It does not make the statement a warranty or automatically waive inspection rights created by the contract.

Common misconceptions

“The form covers every residential property”

No. Apply the statutory one-to-four-family definition, its exclusions and the separate exempt-transfer list.

“Unknown means no defect”

No. It means the seller does not know the answer.

“The seller must investigate before answering”

Not under Article 14. The answers are based on actual knowledge, and section 462 says the seller is not required to inspect or search public records.

“The form is a home inspection”

No. The form expressly says it is not a substitute for inspections or tests.

“The buyer signs to accept every condition”

No. The buyer acknowledges receipt and the limited nature of the statement.

“Every failure produces $500 at closing”

No. The former credit was repealed. Current section 465 addresses willful failure and actual damages while preserving other existing remedies.

“A listing agent is responsible for the accuracy of every seller answer”

No. The form identifies the answers as the seller's representations, not the seller's agent's representations. The agent has the information duties stated in section 466 and must still comply with other applicable professional duties.

Frequently asked questions

Is the New York Property Condition Disclosure Statement required?

It is required for a covered sale of residential real property unless the property or transfer falls outside Article 14 or qualifies for a section 463 exemption.

When does the seller give the disclosure statement to the buyer?

The seller must cause the completed, signed statement or a copy to be delivered to the buyer or buyer's agent before the buyer signs a binding contract of sale.

Does New York still allow a $500 credit instead of the form?

No. The $500 credit alternative was repealed effective March 20, 2024.

How many questions are on the current New York disclosure form?

The current DOS-1614-f form effective July 1, 2025 has 56 numbered items. Several items contain more than one part.

Does the form apply to condominiums and cooperative apartments?

Article 14's definition excludes condominium units and cooperative apartments from “residential real property” for this disclosure requirement.

Can a seller answer “Unknown”?

Yes. The form tells a seller who does not know an answer to check “Unknown.” The seller must still answer truthfully from actual knowledge.

Does the seller have to order an inspection?

No. Section 462 says Article 14 does not require the seller to investigate, inspect or check public records.

Is the statement a warranty?

No. Both the statute and form say it is not a warranty and not a substitute for inspections, environmental tests or public-record research.

Must the seller update the form before closing?

The seller must revise it as soon as practicable after learning something that makes it materially inaccurate, but the statutory duty ends after the earlier of title transfer or buyer occupancy.

Who should complete the statement?

The form directs the seller to complete it. The seller's agent timely informs the seller of the obligation but should not invent or adopt factual answers for the seller.

What does the buyer's signature mean?

It acknowledges receipt and recognition that the statement is based on information known to the seller. It does not turn the document into an inspection report or warranty.

What to study next

Review material facts, property rights and disclosure issues, construction and environmental risks and New York license law. Then use the free practice sampler to identify whether you can separate seller knowledge, delivery timing, inspection and agent duties.

Sources and verification notes

The controlling statute and current official form were checked on August 27, 2026. The Department's official page identifies the form effective July 1, 2025 as required. Proposed bills were not treated as law. Transaction-specific questions belong with a New York attorney and the relevant licensed or qualified professional.

1. New York Real Property Law Article 14. Current article structure for property condition disclosure.
2. New York Real Property Law section 461. Definitions of agent, actual knowledge, covered contracts and residential real property.
3. New York Real Property Law section 462. Delivery timing, current form, signatures, “as is” agreements and no-investigation rule.
4. New York Real Property Law section 463. Exempt transfers.
5. New York Real Property Law section 464. Revision duty and endpoint.
6. New York Real Property Law section 465. Existing remedies, willful failure and actual damages.
7. New York Real Property Law section 466. Duties of listing brokers, buyer's agents and seller's agents dealing with unrepresented buyers.
8. New York Department of State, current Property Condition Disclosure Statement. DOS-1614-f, revised February 2025 and effective July 1, 2025.
9. New York Department of State, licensing updates. Department page identifying the current form as required beginning July 1, 2025.
10. New York Senate Bill S5400, signed as Chapter 484 of 2023. Legislative history for expanded flood disclosure and repeal of the former $500 credit.
11. New York State Department of Health, Septic System Operation and Maintenance. Official information referenced by the current form.
12. United States Environmental Protection Agency, lead-based paint information before a sale or rental. Separate federal disclosure and buyer-opportunity requirements for most pre-1978 housing.

This article provides general educational guidance. It does not reproduce live examination content, replace the official form or provide legal advice.