S. 4265--A 2
paint was available outside of the state until 1978. New York state has
both the nation's greatest number (over 4 million units), the highest
percentage (55.08%) of pre-1960 and pre-1950 (41.0%) housing, and the
oldest housing inventory among the fifty states. At least ninety percent
of lead-based paint still exists in occupied housing built before 1960.
New York state's older housing stock places residents at great risk of
exposure to lead hazards, with low-income children living in older hous-
ing having the highest risk of lead poisoning.
e. Knowledge of lead-based paint hazards, their control, mitigation,
abatement, and risk avoidance is not sufficiently widespread. In addi-
tion, while federal law requires the disclosure by sellers of real prop-
erty of knowledge of the existence of lead-based paint and lead-based
paint hazards, and encourages potential buyers to conduct inspections
for lead-based paint, these mechanisms neither mandate that such
inspections take place either by sellers or buyers. This gap in disclo-
sure requirements results in residential property being transferred
without any knowledge of the potential for such property to cause lead
poisoning and the attendant liabilities.
f. Local county health departments lack sufficient information as to
which housing contains lead-based paint and the locations of such lead-
based paint, resulting in less cost-effective prevention of lead poison-
ing, avoidable harm to children's health, and wasted public resources.
g. The purposes of this act are to assure that properties that have
not been previously tested for lead-based paint are not simply trans-
ferred to new owners without knowledge of whether there is lead-based
paint present, and to better utilize the existing federal laws that
mandate disclosure of lead-based paint and lead-based paint hazards and
to aid in the prevention of lead poisoning. This act is not intended to
and does not diminish the responsibility of buyers to carefully examine
the property which they intend to purchase and public records pertaining
to the property. This act is not intended to and does not limit existing
responsibilities by a seller, buyer or agent concerning the condition of
the property or potential liabilities or remedies at law, statute or in
equity.
This act will significantly improve the transfer process and better
serve the interests of all parties to a home purchase. It will increase
clarity regarding the nature of the property and will provide greater
certainty to contracts entered into by better informed buyers and sell-
ers. As well, it will provide incentive to owners to voluntarily test
their property prior to sale.
h. This act will complement existing state and local laws on lead
poisoning prevention. Section 1377 of the public health law, enacted in
2023, requires the department of health to develop a registry of all
rental residential dwellings with two or more units built before 1980
within communities of concern outside the city of New York, which will
also require such dwellings be inspected for lead hazards at least every
three years. This act will ensure equity of information for purchasers
of all residential property built prior to 1978 regardless of location
or number of units by ensuring that they receive information about the
presence of lead-based paint in dwellings they purchase.
i. This act will require inspection reports that are developed to
comply with this act to be included on the registry of lead inspections
that the department of health is creating pursuant to section 1377 of
the public health law so that future renters and purchasers can learn
about lead-based paint in homes they are considering renting or purchas-
ing.
S. 4265--A 3
j. New York city has already added a requirement, subdivision a-1 of
section 27-2056.4 of the administrative code of the city of New York,
that all rental residential properties be tested one time for lead-based
paint by August 2025. This act will not require re-testing of these
residences when rental properties are sold; but will ensure equity and
protect purchasers of residential properties across the state (including
New York city) by requiring one-time testing for lead-based paint before
any residential property is sold.
§ 2. The real property law is amended by adding a new article 17 to
read as follows:
ARTICLE 17
LEAD-BASED PAINT RIGHT TO KNOW ACT
SECTION 530. SHORT TITLE.
531. DEFINITIONS.
532. INSPECTION OF RESIDENTIAL REAL PROPERTY FOR LEAD-BASED
PAINT PRIOR TO TRANSFER OF TITLE.
533. DUTY OF AGENT.
534. LIABILITY.
§ 530. SHORT TITLE. THIS ARTICLE SHALL BE KNOWN AND MAY BE CITED AS
THE "LEAD-BASED PAINT RIGHT TO KNOW ACT".
§ 531. DEFINITIONS. AS USED IN THIS ARTICLE, THE FOLLOWING TERMS SHALL
HAVE THE FOLLOWING MEANINGS:
1. "AGENT" SHALL MEAN A PERSON WHO IS LICENSED AS A REAL ESTATE BROKER
OR A REAL ESTATE SALESPERSON PURSUANT TO SECTION FOUR HUNDRED FORTY-A OF
THIS CHAPTER AND ACTING IN A FIDUCIARY CAPACITY.
2. "BINDING CONTRACT OF SALE" SHALL MEAN A REAL ESTATE PURCHASE
CONTRACT OR OFFER THAT WOULD, UPON SIGNING BY THE SELLER AND SUBJECT TO
SATISFACTION OF ANY CONTINGENCIES, REQUIRE THE BUYER TO ACCEPT A TRANS-
FER OF TITLE.
3. "BROKER" SHALL HAVE THE SAME MEANING AS "REAL ESTATE BROKER"
DEFINED BY SECTION FOUR HUNDRED FORTY OF THIS CHAPTER.
4. "BUYER" SHALL MEAN ANY ENTITY THAT ENTERS INTO A REAL ESTATE
PURCHASE CONTRACT, INCLUDING BUT NOT LIMITED TO INDIVIDUALS, PARTNER-
SHIPS, CORPORATIONS, TRUSTS, GOVERNMENT AGENCIES, HOUSING AGENCIES,
INDIAN TRIBES, AND NONPROFIT ORGANIZATIONS.
5. "LEAD-BASED PAINT" SHALL MEAN PAINT OR OTHER SIMILAR SURFACE COAT-
ING MATERIAL CONTAINING .50 MILLIGRAMS OF LEAD PER SQUARE CENTIMETER OR
GREATER, AS DETERMINED BY LABORATORY ANALYSIS OF PAINT SAMPLES WITH ALL
LAYERS OF PAINT PRESENT, OR BY AN X-RAY FLUORESCENCE ANALYZER. IF AN
X-RAY FLUORESCENCE ANALYZER IS USED, READINGS SHALL BE CORRECTED FOR
SUBSTRATE BIAS WHEN NECESSARY AS SPECIFIED BY THE PERFORMANCE CHARACTER-
ISTIC SHEETS RELEASED BY THE UNITED STATES ENVIRONMENTAL PROTECTION
AGENCY AND THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
FOR THE SPECIFIC X-RAY FLUORESCENCE ANALYZER USED. X-RAY FLUORESCENCE
READINGS SHALL BE CLASSIFIED AS POSITIVE, NEGATIVE OR INCONCLUSIVE IN
ACCORDANCE WITH THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVEL-
OPMENT GUIDELINES FOR THE EVALUATION AND CONTROL OF LEAD-BASED PAINT
HAZARDS IN HOUSING (JULY 2012) OR SUCCESSOR GUIDELINES, AND THE PERFORM-
ANCE CHARACTERISTIC SHEETS RELEASED BY THE UNITED STATES ENVIRONMENTAL
PROTECTION AGENCY AND THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN
DEVELOPMENT FOR THE SPECIFIC X-RAY FLUORESCENCE ANALYZER USED. X-RAY
FLUORESCENCE READINGS THAT FALL WITHIN THE INCONCLUSIVE ZONE, AS DETER-
MINED BY THE PERFORMANCE CHARACTERISTIC SHEETS, SHALL BE CONFIRMED BY
LABORATORY ANALYSIS OF PAINT CHIPS, THE MEASURE OF SUCH LABORATORY ANAL-
YSIS SHALL BE DEFINITIVE. WHERE A LABORATORY ANALYSIS OF PAINT CHIPS IS
PERFORMED (INCLUDING BECAUSE AN X-RAY FLUORESCENCE READING IS INCONCLU-
S. 4265--A 4
SIVE), THE RESULTS SHALL BE REPORTED IN PERCENT BY WEIGHT. IN SUCH
CASE, LEAD-BASED PAINT SHALL MEAN ANY PAINT OR OTHER SIMILAR SURFACE-
COATING MATERIAL CONTAINING MORE THAN 0.009 PERCENT (OR 90 PARTS PER
MILLION) OF METALLIC LEAD, BASED ON THE NON-VOLATILE CONTENT OF THE
PAINT OR OTHER SIMILAR SURFACE-COATING MATERIAL. IN THE EVENT THAT THE
UNITED STATES ENVIRONMENTAL PROTECTION AGENCY OR A SUCCESSOR AGENCY, OR
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT OR A
SUCCESSOR AGENCY, OR THE UNITED STATES CONSUMER PRODUCT SAFETY COMMIS-
SION OR A SUCCESSOR AGENCY, OR A DEPARTMENT OR AGENCY OF THE STATE OF
NEW YORK THAT HAS OBTAINED APPLICABLE AUTHORIZATION PURSUANT TO 40
C.F.R. PART 745 SUBPART Q OR SUCCESSOR REGULATION, ADOPTS MORE STRINGENT
DEFINITIONS OF LEAD-BASED PAINT, SUCH MORE STRINGENT DEFINITIONS SHALL
APPLY FOR THE PURPOSES OF THIS ARTICLE.
6. "REAL ESTATE PURCHASE CONTRACT" SHALL MEAN ANY OF THE FOLLOWING:
(A) A CONTRACT WHICH PROVIDES FOR THE PURCHASE AND SALE OR EXCHANGE OF
RESIDENTIAL REAL PROPERTY;
(B) A LEASE WITH AN OPTION TO PURCHASE RESIDENTIAL REAL PROPERTY;
(C) A LEASE-WITH-OBLIGATION-TO-PURCHASE AGREEMENT FOR RESIDENTIAL REAL
PROPERTY; OR
(D) AN INSTALLMENT LAND SALE CONTRACT FOR RESIDENTIAL REAL PROPERTY.
7. "RESIDENTIAL REAL PROPERTY" SHALL MEAN REAL PROPERTY IMPROVED BY A
RESIDENTIAL DWELLING ERECTED PRIOR TO THE YEAR NINETEEN HUNDRED SEVEN-
TY-EIGHT.
8. "RESIDENTIAL DWELLING" SHALL MEAN A SINGLE-FAMILY DWELLING, INCLUD-
ING ATTACHED STRUCTURES SUCH AS PORCHES AND STOOPS, OR A SINGLE-FAMILY
DWELLING UNIT WITHIN A STRUCTURE THAT CONTAINS MORE THAN ONE SEPARATE
RESIDENTIAL DWELLING UNIT, USED OR OCCUPIED, OR DESIGNED TO BE USED OR
OCCUPIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE
PERSONS WHETHER OR NOT IT WAS OR WILL BE OCCUPIED.
9. "SELLER" SHALL MEAN ANY ENTITY THAT INTENDS TO ENGAGE IN THE TRANS-
FER OF TITLE TO A BUYER OF RESIDENTIAL REAL PROPERTY, IN WHOLE OR IN
PART, INCLUDING BUT NOT LIMITED TO INDIVIDUALS, PARTNERSHIPS, CORPO-
RATIONS, TRUSTS, GOVERNMENT AGENCIES, HOUSING AGENCIES, INDIAN TRIBES,
MORTGAGE BANKER, LENDER, AND NONPROFIT ORGANIZATIONS. THE TERM "SELLER"
ALSO SHALL MEAN AN ENTITY THAT TRANSFERS SHARES IN A COOPERATIVELY OWNED
PROJECT.
10. "TEST FOR LEAD-BASED PAINT" SHALL MEAN A TEST FOR THE PRESENCE OF
LEAD-BASED PAINT THAT HAS BEEN CONDUCTED THROUGH A LEAD-BASED PAINT
INSPECTION AS DEFINED IN 40 C.F.R. 745.103, 24 C.F.R. 35.86, AND THE
UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GUIDELINES FOR
THE EVALUATION AND CONTROL OF LEAD-BASED PAINT HAZARDS IN HOUSING (JULY
2012), OR SUCCESSOR REGULATIONS AND GUIDELINES, AND A REPORT PREPARED
INDICATING THE RESULTS OF SUCH TEST, INCLUDING THE LOCATIONS WHERE TESTS
WERE PERFORMED FOR LEAD-BASED PAINT AND THE READINGS OF ALL SUCH TESTS.
SUCH TEST SHALL NOT BE VALID UNLESS PERFORMED BY A PERSON ACCREDITED
PURSUANT TO: (A) CERTIFICATION TO CONDUCT LEAD HAZARD RISK ASSESSMENT OR
INSPECTIONS BY THE UNITED STATES ENVIRONMENTAL PROTECTION AGENCY PURSU-
ANT TO 40 C.F.R. 745.226(B) OR SUCCESSOR REGULATION; OR (B) CERTIF-
ICATION BY A STATE OR TRIBAL PROGRAM AUTHORIZED BY THE UNITED STATES
ENVIRONMENTAL PROTECTION AGENCY TO CERTIFY INDIVIDUALS ENGAGED IN LEAD-
BASED PAINT ACTIVITIES PURSUANT TO 40 C.F.R. 745.325 OR SUCCESSOR REGU-
LATION OR ELIGIBLE TO CONDUCT THE INSPECTIONS REQUIRED BY THIS ARTICLE.
FOR MULTIFAMILY HOUSING, THE TEST MUST BE CONDUCTED IN ACCORDANCE WITH
THE UNITED STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GUIDELINES
FOR THE EVALUATION AND CONTROL OF LEAD-BASED PAINT HAZARDS IN HOUSING
(JULY 2012), OR SUCCESSOR GUIDELINES. SUCH INSPECTION SHALL CONSIST OF
S. 4265--A 5
THE USE OF AN X-RAY FLUORESCENCE ANALYZER ON ALL TYPES OF SURFACES IN
ACCORDANCE WITH THE PROCEDURES DESCRIBED IN CHAPTER 7 OF THE UNITED
STATES DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT GUIDELINES FOR THE
EVALUATION AND CONTROL OF LEAD-BASED PAINT HAZARDS IN HOUSING (JULY
2012), OR SUCCESSOR REGULATIONS, INCLUDING ON CHEWABLE SURFACES, FRIC-
TION SURFACES, AND IMPACT SURFACES, TO DETERMINE WHETHER LEAD-BASED
PAINT IS PRESENT, AND WHERE SUCH PAINT IS LOCATED, IN SUCH DWELLING
UNIT.
11. "TRANSFER OF TITLE" SHALL MEAN DELIVERY OF A PROPERLY EXECUTED
INSTRUMENT CONVEYING TITLE TO RESIDENTIAL REAL PROPERTY AND SHALL
INCLUDE DELIVERY OF A REAL ESTATE PURCHASE CONTRACT THAT IS A LEASE OR
INSTALLMENT LAND SALE CONTRACT.
§ 532. INSPECTION OF RESIDENTIAL REAL PROPERTY FOR LEAD-BASED PAINT
PRIOR TO TRANSFER OF TITLE. 1. (A) EFFECTIVE AUGUST FIRST, TWO THOUSAND
TWENTY-SIX, EVERY SELLER OF RESIDENTIAL REAL PROPERTY PURSUANT TO A REAL
ESTATE PURCHASE CONTRACT SHALL DELIVER TO A BUYER OR BUYER'S AGENT PRIOR
TO THE SIGNING BY THE BUYER OF A BINDING CONTRACT OF SALE A CERTIFICATE
THAT SUCH PROPERTY HAS BEEN TESTED FOR LEAD-BASED PAINT, AND PROVIDE THE
REPORT OF SUCH TEST. THE SELLER SHALL ATTACH A COPY OF THE CERTIFICATE
CONTAINING THE SIGNATURE OF THE SELLER AND ANY REPORT OF A TEST FOR
LEAD-BASED PAINT TO THE REAL ESTATE PURCHASE CONTRACT. THE SELLER SHALL
SUBMIT A COPY OF SUCH CERTIFICATE AND REPORT OF SUCH TEST AND ANY SUBSE-
QUENT REPORTS OF SUCH TESTS TO THE OFFICE AUTHORIZED UNDER SECTION THREE
HUNDRED SEVENTY-TWO OF THIS CHAPTER TO BE REGISTRAR OF TITLE IN THE
COUNTY WHERE SUCH REAL PROPERTY IS LOCATED, AND SUCH OFFICE SHALL NOT
ACCEPT FOR FILING AN INSTRUMENT OF TRANSFER OF TITLE UNLESS ACCOMPANIED
BY SUCH CERTIFICATE WHERE APPLICABLE. THE SELLER SHALL ALSO FILE SUCH
CERTIFICATE AND REPORT WITH THE REGISTRY ESTABLISHED BY THE DEPARTMENT
OF HEALTH PURSUANT TO SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED SEVEN-
TY-SEVEN OF THE PUBLIC HEALTH LAW. THE REGISTRY SHALL BE PUBLICLY ACCES-
SIBLE ONLINE, TRANSLATED CONSISTENT WITH SECTION TWO HUNDRED TWO-A OF
THE EXECUTIVE LAW, AND EASY TO NAVIGATE AND READ BY PEOPLE WITH AN
EIGHTH GRADE EDUCATION OR LESS. THE DEPARTMENT OF HEALTH SHALL NOTIFY
THE COUNTY DEPARTMENT OF HEALTH IN THE LOCATION OF THE PROPERTY SALE
ABOUT NEW ENTRIES IN THE REGISTRY COMING FROM PROPERTY SALES.
(B) THE PRESENTATION OF A CERTIFICATE OF SUCH TEST BY A PRIOR OWNER OF
SUCH PROPERTY AND EVIDENCE OF FILING SUCH CERTIFICATE AND REPORT WITH
THE DEPARTMENT OF HEALTH IN THE COUNTY WHERE SUCH RESIDENTIAL REAL PROP-
ERTY IS LOCATED, AND WITH THE REGISTRY ESTABLISHED BY THE DEPARTMENT OF
HEALTH PURSUANT TO SUBDIVISION ONE OF SECTION THIRTEEN HUNDRED SEVENTY-
SEVEN OF THE PUBLIC HEALTH LAW, SHALL BE DEEMED TO BE IN COMPLIANCE WITH
THE PROVISIONS OF THIS SUBDIVISION.
(C) IN THE EVENT THE SELLER HAS NOT RECEIVED FROM A PRIOR OWNER A
CERTIFICATION AND REPORT OF SUCH TESTS AS SET FORTH IN THIS SUBDIVISION,
THE COSTS OF TESTING FOR LEAD-BASED PAINT AND THE PREPARATION OF A
CERTIFICATE AND REPORT THEREOF AS PROVIDED IN THIS SUBDIVISION SHALL BE
DEDUCTIBLE BY THE TRANSFEROR OR GRANTOR, UP TO THE AMOUNT OF FIVE
HUNDRED DOLLARS, OR IN A BUILDING WITH MORE THAN ONE DWELLING UNIT UP TO
FOUR HUNDRED DOLLARS PER DWELLING UNIT TESTED, FROM THE TAXES IMPOSED BY
SECTIONS FOURTEEN HUNDRED TWO AND FOURTEEN HUNDRED TWO-A OF THE TAX LAW.
THE TRANSFEROR OR GRANTOR SHALL NOT BE REIMBURSED FOR COSTS IN EXCESS OF
THE TOTAL TAXES IMPOSED BY SECTIONS FOURTEEN HUNDRED TWO AND FOURTEEN
HUNDRED TWO-A OF THE TAX LAW.
2. ANY PROVISION IN A REAL ESTATE PURCHASE CONTRACT OR ANY OTHER DOCU-
MENT RELATED TO THE TRANSFER OF TITLE IN RESIDENTIAL REAL PROPERTY THAT
PURPORTS TO WAIVE ANY RIGHT CREATED UNDER STATE OR FEDERAL LAW FOR THE
S. 4265--A 6
BUYER TO CONDUCT A RISK ASSESSMENT OR INSPECTION OF THE PROPERTY TO
DETERMINE THE PRESENCE OF LEAD-BASED PAINT AND/OR LEAD-BASED PAINT
HAZARDS, OR ANY ORAL AGREEMENT THAT PURPORTS TO WAIVE SUCH RIGHT, IS
NULL AND VOID AS AGAINST PUBLIC POLICY, NOTWITHSTANDING THAT SUCH WAIV-
ERS MIGHT OTHERWISE BE PERMITTED BY FEDERAL LAW.
3. A CERTIFICATE THAT SUCH PROPERTY HAS BEEN TESTED FOR LEAD-BASED
PAINT SHALL NOT BE REQUIRED IN CONNECTION WITH ANY OF THE FOLLOWING
TRANSFERS OF RESIDENTIAL REAL PROPERTY:
(A) A TRANSFER TO A BENEFICIARY OF A DEED OF TRUST;
(B) A TRANSFER BY A FIDUCIARY IN THE COURSE OF THE ADMINISTRATION OF A
DECEDENT'S ESTATE, A GUARDIANSHIP, A CONSERVATORSHIP, OR A TRUST;
(C) A TRANSFER FROM ONE CO-OWNER TO ONE OR MORE OTHER CO-OWNERS;
(D) A TRANSFER MADE TO THE TRANSFEROR'S SPOUSE OR TO ONE OR MORE
PERSONS IN THE LINEAL CONSANGUINITY OF ONE OR MORE OF THE TRANSFERORS;
(E) A TRANSFER BETWEEN SPOUSES OR FORMER SPOUSES AS A RESULT OF A
DECREE OF DIVORCE, DISSOLUTION OF MARRIAGE, ANNULMENT, OR LEGAL SEPA-
RATION OR AS A RESULT OF PROPERTY SETTLEMENT, AGREEMENT INCIDENTAL TO A
DECREE OF DIVORCE, DISSOLUTION OF MARRIAGE, ANNULMENT OR LEGAL SEPA-
RATION;
(F) A TRANSFER TO OR FROM THE STATE, A POLITICAL SUBDIVISION OF THE
STATE, OR ANOTHER GOVERNMENTAL ENTITY;
(G) A TRANSFER BY A SHERIFF;
(H) A TRANSFER PURSUANT TO A PARTITION ACTION; OR
(I) A TRANSFER OF AN UNOCCUPIED DWELLING UNIT OR RESIDENTIAL PROPERTY
THAT IS TO BE DEMOLISHED, PROVIDED THE DWELLING UNIT OR PROPERTY WILL
REMAIN UNOCCUPIED UNTIL DEMOLITION AND LEAD-SAFE WORK PRACTICES ENUMER-
ATED IN 40 C.F.R. 745 AND SUCCESSOR REGULATIONS, OR MORE PROTECTIVE
STATE LAW ARE FOLLOWED DURING THE DEMOLITION.
4. NOTHING CONTAINED IN THIS ARTICLE IS INTENDED TO PREVENT THE
PARTIES TO A CONTRACT OF SALE FROM ENTERING INTO AGREEMENTS OF ANY KIND
OR NATURE WITH RESPECT TO THE PHYSICAL CONDITION OF THE PROPERTY TO BE
SOLD, INCLUDING, BUT NOT LIMITED TO, AGREEMENTS FOR THE SALE OF REAL
PROPERTY "AS IS".
§ 533. DUTY OF AGENT. AN AGENT REPRESENTING A SELLER OF RESIDENTIAL
REAL PROPERTY AS A LISTING BROKER, OR, IF THE SELLER IS NOT REPRESENTED
BY AN AGENT, THE AGENT REPRESENTING THE BUYER OF RESIDENTIAL REAL PROP-
ERTY AND DEALING WITH A PROSPECTIVE SELLER, SHALL HAVE THE DUTY TO TIME-
LY (IN ANY EVENT, BEFORE THE BUYER SIGNS A BINDING CONTRACT OF SALE)
INFORM EACH SELLER OF THE SELLER'S OBLIGATIONS UNDER THIS ARTICLE. AN
AGENT REPRESENTING A BUYER OF RESIDENTIAL REAL PROPERTY, OR, IF THE
BUYER IS NOT REPRESENTED BY AN AGENT, THE AGENT REPRESENTING A SELLER OF
RESIDENTIAL REAL PROPERTY AND DEALING WITH A PROSPECTIVE BUYER, SHALL
HAVE THE DUTY TO TIMELY (IN ANY EVENT, BEFORE THE BUYER SIGNS A BINDING
CONTRACT OF SALE) INFORM SUCH BUYER OF THE BUYER'S RIGHTS AND OBLI-
GATIONS UNDER THIS ARTICLE. IF AN AGENT PERFORMS THE DUTIES AND OBLI-
GATIONS IMPOSED UPON SUCH AGENT PURSUANT TO THIS SECTION, THE AGENT
SHALL HAVE NO FURTHER DUTIES UNDER THIS ARTICLE AND SHALL NOT BE LIABLE
TO ANY PARTY FOR A VIOLATION OF THIS ARTICLE. THE DEPARTMENT OF STATE
MAY, PURSUANT TO SECTION FOUR HUNDRED FORTY-ONE-C OF THIS CHAPTER,
REVOKE OR SUSPEND THE LICENSE OF AN AGENT WHO VIOLATES THIS ARTICLE.
§ 534. LIABILITY. NOTHING CONTAINED IN THIS ARTICLE SHALL BE CONSTRUED
AS LIMITING ANY EXISTING LEGAL CAUSE OF ACTION OR REMEDY AT LAW, IN
STATUTE OR IN EQUITY.
§ 3. The real property law is amended by adding a new section 235-aa
to read as follows:
S. 4265--A 7
§ 235-AA. DISCLOSURE OF LEAD-BASED PAINT AND LEAD-BASED PAINT HAZARDS.
1. PRIOR TO EXECUTING A RESIDENTIAL LEASE OR RENTAL AGREEMENT WITH A
TENANT, THE OWNER OF REAL PROPERTY SHALL PROVIDE THE TENANT A COPY OF
ALL REPORTS OF A TEST FOR LEAD-BASED PAINT ISSUED OR PREPARED PURSUANT
TO SECTION FIVE HUNDRED THIRTY-TWO OF THIS CHAPTER, AND ANY OTHER
REPORT, WITHIN THE POSSESSION OR CONTROL OF THE OWNER, PERTAINING TO
LEAD-BASED PAINT OR LEAD-BASED PAINT HAZARDS WITHIN THE MEANING OF
SECTION 4852D OF TITLE 42 OF THE UNITED STATES CODE AND THE REGULATIONS
THEREUNDER. OWNERS WHO DELIVER A DISCLOSURE FORM WITH ALL REQUIRED DOCU-
MENTS UNDER THE PROVISIONS OF SECTION 4852D OF TITLE 42 OF THE UNITED
STATES CODE AND THE REGULATIONS THEREUNDER SHALL BE DEEMED TO HAVE
COMPLIED WITH THE REQUIREMENTS OF THIS SUBDIVISION.
2. ANY AGREEMENT BY A LESSEE OR TENANT OF PREMISES FOR DWELLING
PURPOSES WAIVING OR MODIFYING SUCH LESSEE OR TENANT'S RIGHTS AS SET
FORTH IN THIS SECTION SHALL BE VOID AS CONTRARY TO PUBLIC POLICY.
3. AN OWNER WHO VIOLATES THIS SECTION SHALL BE LIABLE FOR A CIVIL
PENALTY NOT TO EXCEED TEN THOUSAND DOLLARS, AND IN ADDITION, A PENALTY
TO THE TENANT NOT TO EXCEED THE EQUIVALENT OF THE AMOUNT OF RENTAL
PAYMENTS FOR THREE MONTHS PLUS ANY ATTORNEY'S FEES. THE POWERS AND
REMEDIES SET FORTH IN THIS SECTION SHALL BE IN ADDITION TO ALL OTHER
EXISTING LEGAL CAUSE OF ACTION OR REMEDY AT LAW, IN STATUTE OR IN EQUI-
TY.
§ 4. Subdivision 2 of section 462 of the real property law, as amended
by chapter 353 of the laws of 2024, is amended to read as follows:
2. The following shall be the disclosure form:
PROPERTY CONDITION DISCLOSURE STATEMENT
NAME OF SELLER OR SELLERS:
PROPERTY ADDRESS:
THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF RESIDEN-
TIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY THEREOF
TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING BY THE
BUYER OF A BINDING CONTRACT OF SALE.
PURPOSE OF STATEMENT: THIS IS A STATEMENT OF CERTAIN CONDITIONS AND
INFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE
STATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT
REPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR
ANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN [HIS OR
HER] THEIR OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL
TESTS AND ALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE
PROPERTY.
A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM
MAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER PRIOR TO OR AFTER THE
TRANSFER OF TITLE.
"RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO
FOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR OCCU-
PIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE PERSONS,
BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH SUCH
DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR COOPERATIVE
APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT IS NOT
OWNED IN FEE SIMPLE BY THE SELLER.
INSTRUCTIONS TO THE SELLER:
(a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.
(b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS
REQUIRED.
(c) COMPLETE THIS FORM YOURSELF.
S. 4265--A 8
(d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA" (NON-AP-
PLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).
SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO
THE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF SIGN-
ING THIS DOCUMENT. THE SELLER AUTHORIZES [HIS OR HER] THEIR AGENT, IF
ANY, TO PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE
RESIDENTIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE
SELLER AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.
GENERAL INFORMATION
1. HOW LONG HAVE YOU OWNED THE PROPERTY?
2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?
3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF
THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO INVESTI-
GATE FOR THE PRESENCE OF LEAD BASED PAINT HAZARDS. IN ADDITION, NEW
YORK REAL PROPERTY LAW REQUIRES THE SELLER TO PRODUCE THE RESULTS
OF A TEST OF ALL THE PAINTED SURFACES FOR LEAD, OR TO CONDUCT SUCH
TEST IF NOT PREVIOUSLY PERFORMED.
4. DOES ANYBODY OTHER THAN YOURSELF HAVE A LEASE, EASEMENT OR ANY
OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN
THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS
RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA
5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY? YES NO
UNKN NA (IF YES, EXPLAIN BELOW)
6. HAS ANYONE DENIED YOU ACCESS TO THE PROPERTY OR MADE A FORMAL LEGAL
CLAIM CHALLENGING YOUR TITLE TO THE PROPERTY? YES NO UNKN NA (IF
YES, EXPLAIN BELOW)
7. ARE THERE ANY FEATURES OF THE PROPERTY SHARED IN COMMON WITH
ADJOINING LAND OWNERS OR A HOMEOWNERS ASSOCIATION, SUCH AS WALLS,
FENCES OR DRIVEWAYS? YES NO UNKN NA (IF YES DESCRIBE BELOW)
8. ARE THERE ANY ELECTRIC OR GAS UTILITY SURCHARGES FOR LINE EXTEN-
SIONS, SPECIAL ASSESSMENTS OR HOMEOWNER OR OTHER ASSOCIATION FEES
THAT APPLY TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
9. ARE THERE CERTIFICATES OF OCCUPANCY RELATED TO THE PROPERTY? YES
NO UNKN NA (IF NO, EXPLAIN BELOW)
ENVIRONMENTAL
NOTE TO SELLER - IN THIS SECTION, YOU WILL BE ASKED QUESTIONS REGARD-
ING PETROLEUM PRODUCTS AND HAZARDOUS OR TOXIC SUBSTANCES THAT YOU KNOW
TO HAVE BEEN SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON THE PROPERTY
OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY. PETROLEUM PRODUCTS MAY
INCLUDE, BUT ARE NOT LIMITED TO, GASOLINE, DIESEL FUEL, HOME HEATING
FUEL, AND LUBRICANTS. HAZARDOUS OR TOXIC SUBSTANCES ARE PRODUCTS OR
OTHER MATERIAL THAT COULD POSE SHORT- OR LONG-TERM DANGER TO PERSONAL
HEALTH OR THE ENVIRONMENT IF THEY ARE NOT PROPERLY DISPOSED OF, APPLIED
OR STORED. THESE INCLUDE, BUT ARE NOT LIMITED TO, FERTILIZERS, PESTI-
CIDES AND INSECTICIDES, PAINT INCLUDING PAINT THINNER, VARNISH REMOVER
AND WOOD PRESERVATIVES, TREATED WOOD, CONSTRUCTION MATERIALS SUCH AS
ASPHALT AND ROOFING MATERIALS, ANTIFREEZE AND OTHER AUTOMOTIVE PRODUCTS,
BATTERIES, CLEANING SOLVENTS INCLUDING SEPTIC TANK CLEANERS, HOUSEHOLD
CLEANERS, POOL CHEMICALS, PRODUCTS CONTAINING MERCURY AND LEAD AND
INDOOR MOLD.
NOTE TO BUYER - IF CONTAMINATION OF THIS PROPERTY FROM PETROLEUM
PRODUCTS AND/OR HAZARDOUS OR TOXIC SUBSTANCES IS A CONCERN TO YOU, YOU
ARE URGED TO CONSIDER SOIL AND GROUNDWATER TESTING OF THIS PROPERTY. IF
S. 4265--A 9
LEAD IN DRINKING WATER IS A CONCERN TO YOU, YOU ARE URGED TO HAVE THE
PLUMBING EXAMINED, INCLUDING THE SERVICE LINE.
10. IS ANY OR ALL OF THE PROPERTY LOCATED IN A FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA) DESIGNATED FLOODPLAIN? YES NO UNKN NA
(IF YES, EXPLAIN BELOW)
11. IS ANY OR ALL OF THE PROPERTY LOCATED WHOLLY OR PARTIALLY IN THE
SPECIAL FLOOD HAZARD AREA ("SFHA"; "100-YEAR FLOODPLAIN") ACCORD-
ING TO THE FEDERAL EMERGENCY MANAGEMENT AGENCY'S (FEMA'S) CURRENT
FLOOD INSURANCE RATE MAPS FOR YOUR AREA? YES NO UNKN NA (IF YES,
EXPLAIN BELOW)
12. IS ANY OR ALL OF THE PROPERTY LOCATED WHOLLY OR PARTIALLY IN A
MODERATE RISK FLOOD HAZARD AREA ("500-YEAR FLOODPLAIN") ACCORDING
TO FEMA'S CURRENT FLOOD INSURANCE RATE MAPS FOR YOUR AREA? YES NO
UNKN NA (IF YES, EXPLAIN BELOW)
13. IS THE PROPERTY SUBJECT TO ANY REQUIREMENT UNDER FEDERAL LAW TO
OBTAIN AND MAINTAIN FLOOD INSURANCE ON THE PROPERTY? YES NO UNKN
NA (IF YES, EXPLAIN BELOW)
HOMES IN THE SPECIAL FLOOD HAZARD AREA, ALSO KNOWN AS HIGH RISK
FLOOD ZONES, ON FEMA'S FLOOD INSURANCE RATE MAPS WITH MORTGAGES
FROM FEDERALLY REGULATED OR INSURED LENDERS ARE REQUIRED TO OBTAIN
AND MAINTAIN FLOOD INSURANCE. EVEN WHEN NOT REQUIRED, FEMA ENCOUR-
AGES HOMEOWNERS IN HIGH RISK, MODERATE RISK, AND LOW RISK FLOOD
ZONES TO PURCHASE FLOOD INSURANCE THAT COVERS THE STRUCTURE(S) AND
THE PERSONAL PROPERTY WITHIN THE STRUCTURE(S). ALSO NOTE THAT
HOMES IN COASTAL AREAS MAY BE SUBJECT TO INCREASED RISK OF FLOOD-
ING OVER TIME DUE TO PROJECTED SEA LEVEL RISE AND INCREASED
EXTREME STORMS CAUSED BY CLIMATE CHANGE WHICH MAY NOT BE REFLECTED
IN CURRENT FLOOD INSURANCE RATE MAPS.
14. HAVE YOU EVER RECEIVED ASSISTANCE, OR ARE YOU AWARE OF ANY PREVI-
OUS OWNERS RECEIVING ASSISTANCE, FROM THE FEDERAL EMERGENCY
MANAGEMENT AGENCY (FEMA), THE U.S. SMALL BUSINESS ADMINISTRATION
(SBA), OR ANY OTHER FEDERAL DISASTER FLOOD ASSISTANCE FOR FLOOD
DAMAGE TO THE PROPERTY? YES NO UNKN NA (IF YES, EXPLAIN BELOW) FOR
PROPERTIES THAT HAVE RECEIVED FEDERAL DISASTER ASSISTANCE, THE
REQUIREMENT TO OBTAIN FLOOD INSURANCE PASSES DOWN TO ALL FUTURE
OWNERS. FAILURE TO OBTAIN AND MAINTAIN FLOOD INSURANCE CAN RESULT
IN AN INDIVIDUAL BEING INELIGIBLE FOR FUTURE ASSISTANCE.
15. IS THERE FLOOD INSURANCE ON THE PROPERTY? YES NO UNKN NA (IF YES,
ATTACH A COPY OF THE POLICY)
A STANDARD HOMEOWNER'S INSURANCE POLICY TYPICALLY DOES NOT COVER
FLOOD DAMAGE. YOU ARE ENCOURAGED TO EXAMINE YOUR POLICY TO DETER-
MINE WHETHER YOU ARE COVERED.
16. IS THERE A FEMA ELEVATION CERTIFICATE AVAILABLE FOR THE PROPERTY?
YES NO UNKN NA (IF YES, ATTACH A COPY OF THE CERTIFICATE)
AN ELEVATION CERTIFICATE IS A FEMA FORM, COMPLETED BY A LICENSED
SURVEYOR OR ENGINEER. THE FORM PROVIDES CRITICAL INFORMATION ABOUT
THE FLOOD RISK OF THE PROPERTY AND IS USED BY FLOOD INSURANCE
PROVIDERS UNDER THE NATIONAL FLOOD INSURANCE PROGRAM (NFIP) TO
HELP DETERMINE THE APPROPRIATE FLOOD INSURANCE RATING FOR THE
PROPERTY. A BUYER MAY BE ABLE TO USE THE ELEVATION CERTIFICATE
FROM A PREVIOUS OWNER FOR THEIR FLOOD INSURANCE POLICY.
17. HAVE YOU EVER FILED A CLAIM FOR FLOOD DAMAGE TO THE PROPERTY WITH
ANY INSURANCE PROVIDER, INCLUDING THE NATIONAL FLOOD INSURANCE
PROGRAM (NFIP)? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
S. 4265--A 10
18. IS ANY OR ALL OF THE PROPERTY LOCATED IN A DESIGNATED WETLAND?
YES NO UNKN NA (IF YES, EXPLAIN BELOW)
19. IS THE PROPERTY LOCATED IN AN AGRICULTURAL DISTRICT? YES NO
UNKN NA (IF YES, EXPLAIN BELOW)
20. WAS THE PROPERTY EVER THE SITE OF A LANDFILL? YES NO UNKN NA
(IF YES, EXPLAIN BELOW)
21. ARE THERE OR HAVE THERE EVER BEEN FUEL STORAGE TANKS ABOVE OR
BELOW THE GROUND ON THE PROPERTY? YES NO UNKN NA IF YES,
ARE THEY CURRENTLY IN USE? YES NO UNKN NA LOCATION(S) ARE THEY
LEAKING OR HAVE THEY EVER LEAKED? YES NO UNKN NA (IF YES,
EXPLAIN BELOW)
22. IS THERE ASBESTOS IN THE STRUCTURE? YES NO UNKN NA (IF YES, STATE
LOCATION OR LOCATIONS BELOW)
23. IS LEAD PLUMBING PRESENT? YES NO UNKN NA (IF YES, STATE LOCATION
OR LOCATIONS BELOW)
24. HAS A RADON TEST BEEN DONE? YES NO UNKN NA (IF YES, ATTACH A COPY
OF THE REPORT)
25. HAS MOTOR FUEL, MOTOR OIL, HOME HEATING FUEL, LUBRICATING OIL OR
ANY OTHER PETROLEUM PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR
TOXIC SUBSTANCE SPILLED, LEAKED OR OTHERWISE BEEN RELEASED ON
THE PROPERTY OR FROM THE PROPERTY ONTO ANY OTHER PROPERTY? YES
NO UNKN NA (IF YES, DESCRIBE BELOW)
26. HAS THE PROPERTY BEEN TESTED FOR THE PRESENCE OF MOTOR FUEL, MOTOR
OIL, HOME HEATING FUEL, LUBRICATING OIL, OR ANY OTHER PETROLEUM
PRODUCT, METHANE GAS, OR ANY HAZARDOUS OR TOXIC SUBSTANCE? YES
NO UNKN NA (IF YES, ATTACH REPORT(S))
27. HAS THE PROPERTY BEEN TESTED FOR INDOOR MOLD? YES NO UNKN (IF YES,
ATTACH A COPY OF THE REPORT)
STRUCTURAL
28. IS THERE ANY ROT OR WATER DAMAGE TO THE STRUCTURE OR STRUCTURES?
YES NO UNKN NA (IF YES, EXPLAIN BELOW)
29. IS THERE ANY FIRE OR SMOKE DAMAGE TO THE STRUCTURE OR STRUCTURES?
YES NO UNKN NA (IF YES, EXPLAIN BELOW)
30. IS THERE ANY TERMITE, INSECT, RODENT OR PEST INFESTATION OR
DAMAGE? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
31. HAS THE PROPERTY BEEN TESTED FOR TERMITE, INSECT, RODENT OR PEST
INFESTATION OR DAMAGE? YES NO UNKN NA (IF YES, PLEASE ATTACH
REPORT(S))
32. WHAT IS THE TYPE OF ROOF/ROOF COVERING (SLATE, ASPHALT, OTHER.)?
ANY KNOWN MATERIAL DEFECTS? HOW OLD IS THE ROOF? IS THERE A TRANS-
FERABLE WARRANTY ON THE ROOF IN EFFECT NOW? YES NO UNKN NA (IF
YES, EXPLAIN BELOW)
33. ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING
STRUCTURAL SYSTEMS: FOOTINGS, BEAMS, GIRDERS, LINTELS, COLUMNS OR
PARTITIONS? YES NO UNKN NA (IF YES, EXPLAIN BELOW)
MECHANICAL SYSTEMS & SERVICES
34. WHAT IS THE WATER SOURCE (CIRCLE ALL THAT APPLY - WELL, PRIVATE,
MUNICIPAL, OTHER)? IF MUNICIPAL, IS IT METERED? YES NO UNKN NA
35. HAS THE WATER QUALITY AND/OR FLOW RATE BEEN TESTED? YES NO UNKN NA
(IF YES, DESCRIBE BELOW)
36. WHAT IS THE TYPE OF SEWAGE SYSTEM (CIRCLE ALL THAT APPLY - PUBLIC
SEWER, PRIVATE SEWER, SEPTIC OR CESSPOOL)? IF SEPTIC OR CESSPOOL,
AGE? ________ DATE LAST PUMPED? ________ FREQUENCY OF PUMPING?
S. 4265--A 11
________ ANY KNOWN MATERIAL DEFECTS? YES NO UNKN NA (IF YES,
EXPLAIN BELOW)
More information on "septic system operation and maintenance" can
be found on the NYS Department of Health website in the informa-
tional health pamphlet made available by the Department of Health
pursuant to section 396-s of NYS general business law.
37. WHO IS YOUR ELECTRIC SERVICE PROVIDER? ________ WHAT IS THE AMPER-
AGE? ________ DOES IT HAVE CIRCUIT BREAKERS OR FUSES? ________
PRIVATE OR PUBLIC POLES? ________ ANY KNOWN MATERIAL DEFECTS? YES
NO UNKN NA (IF YES, EXPLAIN BELOW)
38. ARE THERE ANY FLOODING, DRAINAGE OR GRADING PROBLEMS THAT RESULTED
IN STANDING WATER ON ANY PORTION OF THE PROPERTY? YES NO UNKN NA
(IF YES, STATE LOCATIONS AND EXPLAIN BELOW)
39. HAS THE STRUCTURE(S) EXPERIENCED ANY WATER PENETRATION OR DAMAGE
DUE TO SEEPAGE OR A NATURAL FLOOD EVENT, SUCH AS FROM HEAVY RAIN-
FALL, COASTAL STORM SURGE, TIDAL INUNDATION OR RIVER OVERFLOW?
YES NO UNKN NA (IF YES, EXPLAIN BELOW)
ARE THERE ANY KNOWN MATERIAL DEFECTS IN ANY OF THE FOLLOWING (IF YES,
EXPLAIN BELOW. USE ADDITIONAL SHEETS IF NECESSARY.):
40. PLUMBING SYSTEM? YES NO UNKN NA
41. SECURITY SYSTEM? YES NO UNKN NA
42. CARBON MONOXIDE DETECTOR? YES NO UNKN NA
43. SMOKE DETECTOR? YES NO UNKN NA
44. FIRE SPRINKLER SYSTEM? YES NO UNKN NA
45. SUMP PUMP? YES NO UNKN NA
46. FOUNDATION/SLAB? YES NO UNKN NA
47. INTERIOR WALLS/CEILINGS? YES NO UNKN NA
48. EXTERIOR WALLS OR SIDING? YES NO UNKN NA
49. FLOORS? YES NO UNKN NA
50. CHIMNEY/FIREPLACE OR STOVE? YES NO UNKN NA
51. PATIO/DECK? YES NO UNKN NA
52. DRIVEWAY? YES NO UNKN NA
53. AIR CONDITIONER? YES NO UNKN NA
54. HEATING SYSTEM? YES NO UNKN NA
55. HOT WATER HEATER? YES NO UNKN NA
56. THE PROPERTY IS LOCATED IN THE FOLLOWING SCHOOL DISTRICT UNKN
NOTE: BUYER IS ENCOURAGED TO CHECK PUBLIC RECORDS CONCERNING THE
PROPERTY (E.G. TAX RECORDS AND WETLAND AND FEMA'S CURRENT FLOOD
INSURANCE RATE MAPS AND ELEVATION CERTIFICATES)
THE SELLER SHOULD USE THIS AREA TO FURTHER EXPLAIN ANY ITEM ABOVE. IF
NECESSARY, ATTACH ADDITIONAL PAGES AND INDICATE HERE THE NUMBER OF ADDI-
TIONAL PAGES ATTACHED.
______________________________________________________________
______________________________________________________________
______________________________________________________________
______________________________________________________________
SELLER'S CERTIFICATION: SELLER CERTIFIES THAT THE INFORMATION IN THIS
PROPERTY CONDITION DISCLOSURE STATEMENT IS TRUE AND COMPLETE TO THE
SELLER'S ACTUAL KNOWLEDGE AS OF THE DATE SIGNED BY THE SELLER. IF A
SELLER OF RESIDENTIAL REAL PROPERTY ACQUIRES KNOWLEDGE WHICH RENDERS
MATERIALLY INACCURATE A PROPERTY CONDITION DISCLOSURE STATEMENT PROVIDED
PREVIOUSLY, THE SELLER SHALL DELIVER A REVISED PROPERTY CONDITION
DISCLOSURE STATEMENT TO THE BUYER AS SOON AS PRACTICABLE. IN NO EVENT,
HOWEVER, SHALL A SELLER BE REQUIRED TO PROVIDE A REVISED PROPERTY CONDI-
TION DISCLOSURE STATEMENT AFTER THE TRANSFER OF TITLE FROM THE SELLER TO
THE BUYER OR OCCUPANCY BY THE BUYER, WHICHEVER IS EARLIER.
S. 4265--A 12
SELLER__________ DATE___________
SELLER__________ DATE___________
BUYER'S ACKNOWLEDGMENT: BUYER ACKNOWLEDGES RECEIPT OF A COPY OF THIS
STATEMENT AND BUYER UNDERSTANDS THAT THIS INFORMATION IS A STATEMENT OF
CERTAIN CONDITIONS AND INFORMATION CONCERNING THE PROPERTY KNOWN TO THE
SELLER. IT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR SELLER'S AGENT
AND IS NOT A SUBSTITUTE FOR ANY HOME, PEST, RADON OR OTHER INSPECTIONS
OR TESTING OF THE PROPERTY OR INSPECTION OF THE PUBLIC RECORDS.
BUYER__________ DATE__________
BUYER__________ DATE _________
§ 5. This act shall take effect August 1, 2026; provided, however,
that if chapter 353 of the laws of 2024 shall not have taken effect on
or before such date then section four of this act shall take effect on
the same date and in the same manner as such chapter of the laws of 2024
takes effect. Effective immediately, the addition, amendment, and/or
repeal of any rule or regulation necessary for the implementation of
this act on its effective date are authorized to be made and completed
on or before such effective date.
