NY State Senate Bill 2025-S8729

Current Bill Status - In Senate Committee Judiciary Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 07, 2026	referred to judiciary

2025-S8729 (ACTIVE) - Details

Current Committee:: Senate Judiciary
Law Section:: Real Property Law
Laws Affected:: Amd Art 14 Art Head, §§461 & 462, add §467, RP L

2025-S8729 (ACTIVE) - Summary

Establishes the right to inspection of homes by buyers; provides for a 10-day inspection period where the buyer has the right to have a home inspected and cancel the contract if the buyer is not satisfied with the inspection results; makes related provisions.

2025-S8729 (ACTIVE) - Sponsor Memo

                                 
BILL NUMBER: S8729

SPONSOR: MAY
 
TITLE OF BILL:

An act to amend the real property law, in relation to enacting the
"right to home inspection act"

 
PURPOSE OR GENERAL IDEA OF BILL:

This bill establishes a right for buyers of residential real property to
conduct a home inspection within a defined inspection period following
execution of a purchase agreement.

 
SUMMARY OF PROVISIONS:

The bill gives buyers a non-waivable right to have a home inspected by a
licensed inspector within ten business days or fourteen calendar days
after signing a purchase agreement. Sellers cannot condition acceptance
of an offer on waiver of this right and cannot accept offers that
include advance waivers, except for family sales and court-ordered
transfers. Buyers may cancel during the inspection period and receive

full refund of deposits. Sellers must provide reasonable access.
Violations subject sellers to civil penalties of four percent of asking
price or ten thousand dollars, whichever is greater. The bill requires
sellers to provide buyers with a right to inspection advisory statement
and directs the Department of State to develop forms and regulations.

 
JUSTIFICATION:

Residential real estate transactions in New York operate under caveat
emptor. Buyers bear the risk of undiscovered defects. Home inspections
have become standard practice, but the inspection contingency remains a
negotiable term. In competitive housing markets, some buyers waive
inspection rights at the offer stage to make their bids more appealing.
This practice transfers risk entirely to buyers before they have profes-
sional assessment of the property's condition.

The bill addresses a structural imbalance. Sellers possess superior
knowledge of their property. Buyers, particularly first-time purchasers,
lack expertise to evaluate structural integrity, mechanical systems, and
latent defects. Licensed home inspectors provide technical assessment
that casual observation cannot replicate. When buyers waive inspection
rights preemptively, they surrender access to this professional evalu-
ation in exchange for perceived competitive advantage.

The legislation protects buyers without restricting seller autonomy or
prohibiting "as is" sales. It establishes a floor: buyers must have the
opportunity to inspect before finalizing purchase. The ten-to-fourteen
day window is brief enough to avoid significant delay in transactions
while providing sufficient time for scheduling and completion of
inspection. Sellers retain the ability to sell property in any condition
and at any price. Buyers retain the choice whether to actually conduct
an inspection.

The bill recognizes legitimate exceptions. Family transfers and sales
pursuant to divorce orders operate under different dynamics and are
excluded from the waiver prohibition. Auction sales, which follow
distinct procedures, are also excluded.
Enforcement provisions create accountability. Civil penalties provide
deterrence. Classification of agent violations as unfair and deceptive
practices incorporates existing enforcement mechanisms under General
Business Law § 349.

 
PRIOR LEGISLATIVE HISTORY:

New bill. Similar to 55772 (May)/A4883 (Clark) of 2025.

 
FISCAL IMPLICATIONS:

Minimal.

 
EFFECTIVE DATE:
Jan. 1 after becoming law.

2025-S8729 (ACTIVE) - Bill Text download pdf

                             
                     S T A T E   O F   N E W   Y O R K
 ________________________________________________________________________
 
                                   8729
 
                             I N  S E N A T E
 
                              January 7, 2026
                                ___________
 
 Introduced  by  Sen.  MAY  --  read  twice and ordered printed, and when
   printed to be committed to the Committee on Judiciary
 
 AN ACT to amend the real property  law,  in  relation  to  enacting  the
   "right to home inspection act"
 
   THE  PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
 BLY, DO ENACT AS FOLLOWS:

   Section 1. Short title. This act shall be known and may  be  cited  as
 the "right to home inspection act".
   §  2.  The  article heading of article 14 of the real property law, as
 added by chapter 456 of the laws of 2001, is amended to read as follows:
            PROPERTY CONDITION DISCLOSURE AND RIGHT TO INSPECTION
                      IN THE SALE OF RESIDENTIAL REAL
                                 PROPERTY
   § 3. Section 461 of the real property law is amended by adding  8  new
 subdivisions 7, 8, 9, 10, 11, 12, 13, and 14 to read as follows:
   7.  "INSPECTION"  MEANS THE PROCESS BY WHICH A HOME INSPECTOR OBSERVES
 AND PROVIDES, PURSUANT TO THE TRANSFER  OF  TITLE  OF  RESIDENTIAL  REAL
 PROPERTY, CONDOMINIUM UNITS, OR COOPERATIVE APARTMENTS, A WRITTEN EVALU-
 ATION  OF  READILY  ACCESSIBLE  COMPONENTS  OF THE RESIDENTIAL STRUCTURE
 INCLUDING, BUT NOT LIMITED TO, HEATING, COOLING, PLUMBING AND ELECTRICAL
 SYSTEMS, STRUCTURAL COMPONENTS,  FOUNDATION,  ROOF,  MASONRY  STRUCTURE,
 EXTERIOR AND INTERIOR COMPONENTS AND ANY OTHER RELATED RESIDENTIAL HOUS-
 ING  COMPONENTS  AND,  FOR THE PURPOSES OF CONDOMINIUM UNITS AND COOPER-
 ATIVE APARTMENTS, AND, SOLELY TO THE EXTENT READILY ACCESSIBLE FROM  AND
 RELEVANT  TO  THE  UNIT  AND  CUSTOMARILY OBSERVED IN THE COURSE OF SUCH
 INSPECTION, ANY ASSOCIATED COMMON AREAS.
   8. "INSPECTION PERIOD" MEANS THE  PERIOD  UNDER  WHICH  A  PROSPECTIVE
 BUYER  OF  RESIDENTIAL REAL PROPERTY HAS THE RIGHT TO HAVE SUCH PROPERTY
 INSPECTED BY A LICENSED HOME INSPECTOR UNDER SUBDIVISION ONE OF  SECTION
 FOUR  HUNDRED  SIXTY-SEVEN  OF THIS ARTICLE, BEGINNING THE DAY AFTER THE
 BUYER RECEIVES A FULLY SIGNED PURCHASE AGREEMENT.
   9. "BUYER" MEANS A PERSON OR ENTITY, EXCLUDING RELATIVES OF A  SELLER,
 WHO  MAKES  A  PURCHASE  OFFER TO A SELLER OF A HOME, OR WHO HAS ENTERED
 INTO A PURCHASE AGREEMENT FOR A HOME WITH A SELLER.
 
  EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                       [ ] is old law to be omitted.

                                                            LBD13522-04-6
 S. 8729                             2
 
   10. "HOME" MEANS A RESIDENTIAL REAL PROPERTY CONTAINING NOT MORE  THAN
 FOUR SEPARATE UNITS.
   11. "PURCHASE AGREEMENT" MEANS A BINDING REAL ESTATE PURCHASE CONTRACT
 FOR  A  HOME  THAT  WOULD, UPON ACCEPTANCE AND SIGNING BY BOTH BUYER AND
 SELLER, AND SUBJECT TO SATISFACTION OF ANY  CONTINGENCIES,  REQUIRE  THE
 BUYER TO ACCEPT A TRANSFER OF TITLE.
   12. "PURCHASE OFFER" MEANS ANY VERBAL OR WRITTEN PROPOSAL SUBMITTED TO
 A  SELLER  OR SELLER'S AGENT BY A PROSPECTIVE BUYER OR BUYER'S AGENT FOR
 PURCHASE OF A HOME.
   13. "RELATIVE" MEANS THE SPOUSE, SIBLING, CHILD, PARENT,  GRANDPARENT,
 GRANDCHILD, GREAT-GRANDCHILD, OR GREAT-GRANDPARENT OF AN INDIVIDUAL.
   14.  "SELLER"  MEANS  ANY PERSON OR ENTITY WHO IS THE LEGAL OWNER OF A
 HOME (OR, ONE OF THOSE LEGALLY AUTHORIZED TO CONVEY THE  INTEREST  IN  A
 HOME WHEN IT IS HELD IN AN ESTATE OR TRUST) TO WHOM A PURCHASE OFFER FOR
 A  HOME IS MADE BY A BUYER AND/OR WHO HAS ENTERED INTO A PURCHASE AGREE-
 MENT FOR SALE OF THE HOME WITH A BUYER.
   15. "ANCILLARY INSPECTION OR TEST" MEANS ANY ADDITIONAL  EVALUATION  A
 BUYER MAY CHOOSE TO OBTAIN, SUCH AS WATER QUALITY, ENVIRONMENTAL TESTING
 OR PEST EVALUATION.
   §  4.  The real property law is amended by adding a new section 467 to
 read as follows:
   § 467. RIGHT TO INSPECTION. 1. NOTWITHSTANDING ANY LAW TO THE  CONTRA-
 RY,  EXCEPT  AS  OTHERWISE  PROVIDED  IN THIS SECTION, A BUYER OF A HOME
 SHALL HAVE THE RIGHT TO HAVE SUCH HOME INSPECTED  BY  A  HOME  INSPECTOR
 LICENSED  UNDER ARTICLE TWELVE-B OF THIS CHAPTER OF THEIR CHOICE, WITHIN
 TEN BUSINESS DAYS, NOT TO EXCEED FOURTEEN CALENDAR  DAYS,  BEGINNING  ON
 THE DAY AFTER THE BUYER'S RECEIPT OF A PURCHASE AGREEMENT SIGNED BY BOTH
 PARTIES,  OR  LONGER  AS  THE  SELLER AND BUYER MAY AGREE IN WRITING, OF
 RECEIPT BY THE BUYER OF A PURCHASE AGREEMENT  FOR  SALE  OF  A  SELLER'S
 HOME,  SIGNED  AND DATED IN AGREEMENT BY BOTH THE BUYER AND SELLER. SUCH
 RIGHT SHALL NOT BE PRECLUDED BY  ANY  EVALUATION  UNDERTAKEN  BY  OR  ON
 BEHALF OF THE BUYER OR OTHERS IN ADVANCE OF A SIGNED PURCHASE AGREEMENT.
   2.  (A)  NO  SELLER  OF  A HOME, OR AGENT THEREOF, SHALL CONDITION THE
 ACCEPTANCE OF A PURCHASE OFFER ON THE BUYER'S AGREEMENT TO WAIVE, LIMIT,
 RESTRICT OR OTHERWISE  FOREGO  THE  BUYER'S  RIGHT  TO  HAVE  SUCH  HOME
 INSPECTED EXCEPT WHEN THE SALE OF THE HOME IS TO OCCUR AT AN AUCTION.
   (B)  NO  SELLER  SHALL  ACCEPT  AN OFFER TO PURCHASE FROM ANY BUYER OR
 AGENT THEREOF WHO, IN ADVANCE OF THE SELLER'S ACCEPTANCE OF  THE  OFFER,
 INFORMS  THE SELLER EITHER DIRECTLY OR INDIRECTLY THAT THE BUYER INTENDS
 TO WAIVE IN WHOLE OR IN PART THE BUYER'S RIGHT TO INSPECTION;  PROVIDED,
 HOWEVER, THAT THE SELLER MAY ACCEPT SUCH AN OFFER WITHOUT VIOLATING THIS
 SECTION  IF  THE  BUYER  IS:   (I) A RELATIVE OF THE SELLER; OR (II) THE
 FORMER SPOUSE OF THE SELLER AND THE SALE OF THE  STRUCTURE  OR  UNIT  IS
 BEING MADE PURSUANT TO A JUDGMENT OR ORDER.
   (C)  (I)  THE  DEPARTMENT OF STATE SHALL DEVELOP A FORM EXPLAINING THE
 INSPECTION RIGHT UNDER THIS SECTION. SUCH FORM SHALL BE SIGNED BY BOTH A
 BUYER AND SELLER BEFORE OR AT  THE  FIRST  PURCHASE  OFFER  OR  PURCHASE
 AGREEMENT, WHICHEVER IS EXECUTED FIRST.
   (II) THE LANGUAGE FROM THE FORM DEVELOPED PURSUANT TO SUBPARAGRAPH (I)
 OF  THIS PARAGRAPH SHALL BE INCLUDED IN ALL BROKERAGE AGREEMENTS, OFFERS
 AND CONTRACTS.
   3. NOTHING IN THIS SECTION SHALL BE CONSTRUED TO REQUIRE,  MANDATE  OR
 OTHERWISE  COMPEL  A BUYER TO OBTAIN AN INSPECTION FOLLOWING THE ACCEPT-
 ANCE BY THE SELLER OF A PURCHASE OFFER. THE BUYER'S RIGHT TO  OBTAIN  AN
 INSPECTION SHALL EXPIRE IF NO INSPECTION OCCURS WITHIN TEN BUSINESS DAYS
 OR FOURTEEN CALENDAR DAYS, WHICHEVER IS SHORTER, PURSUANT TO SUBDIVISION
 S. 8729                             3
 
 ONE OF THIS SECTION, OR LONGER AS AGREED UPON BY THE SELLER AND BUYER IN
 WRITING, OF THE SELLER'S ACCEPTANCE OF A BUYER'S PURCHASE OFFER.
   4.    THE  SELLER  SHALL  PROVIDE  REASONABLE  ACCESS  TO THE HOME FOR
 INSPECTION DURING THE  INSPECTION  PERIOD.  IF  SELLER-CAUSED  DELAY  OR
 DENIAL  OF ACCESS MATERIALLY PREVENTS COMPLETION OF AN INSPECTION DURING
 THE INSPECTION PERIOD, THE INSPECTION PERIOD SHALL  BE  EXTENDED  FOR  A
 REASONABLE  TIME  TO  PERMIT  COMPLETION OF THE INSPECTION.  AFTER THREE
 SELLER-REQUESTED RESCHEDULES, THE BUYER MAY CANCEL THE  PURCHASE  AGREE-
 MENT AND RECOVER ANY DEPOSITS AND DOCUMENTED COSTS.
   5.  CONSISTENT WITH SECTION FOUR HUNDRED FORTY-FOUR-G OF THIS CHAPTER,
 INSPECTION REPORTS SHALL BE DEEMED TO BE THE PROPERTY OF THE BUYER,  AND
 SHALL  NOT  BE DISCLOSED WITHOUT THE BUYER'S CONSENT, EXCEPT AS REQUIRED
 BY LAW.
   6. THE BUYER MAY CANCEL THE  PURCHASE  AGREEMENT  AT  OR  BEFORE  FIVE
 O'CLOCK  P.M.  ON  THE  LAST DAY OF THE INSPECTION PERIOD IF UNSATISFIED
 WITH THE INSPECTION RESULTS, AND SHALL BE  PROVIDED  A  FULL  REFUND  OF
 DEPOSITS, ISSUED PROMPTLY TO THE BUYER.
   7.  ANY SELLER WHO FAILS TO COMPLY WITH THE PROVISIONS OF THIS SECTION
 SHALL BE LIABLE TO THE BUYER FOR ALL DAMAGES CAUSED BY SUCH  FAILURE  TO
 COMPLY  AND  SHALL  BE  SUBJECT  TO ASSESSMENT OF A CIVIL PENALTY NOT TO
 EXCEED FOUR PERCENT OF THE LAST PUBLICLY LISTED ASKING PRICE OF THE HOME
 AT THE TIME OF THE VIOLATION  OR  TEN  THOUSAND  DOLLARS,  WHICHEVER  IS
 GREATER.  A VIOLATION OF THIS SECTION BY AN AGENT SHALL BE CONSIDERED AN
 UNFAIR AND DECEPTIVE ACT OR PRACTICE AS DEFINED IN SECTION THREE HUNDRED
 FORTY-NINE OF THE GENERAL BUSINESS LAW.  THE ATTORNEY GENERAL  MAY  TAKE
 SUCH  ACTION  AS  MAY  BE  NECESSARY  TO  ENFORCE THE PROVISIONS OF THIS
 SECTION.
   8. THE DEPARTMENT OF STATE, IN CONSULTATION  WITH  THE  DEPARTMENT  OF
 FINANCIAL  SERVICES AND THE ATTORNEY GENERAL, SHALL PROMULGATE ANY RULES
 AND REGULATIONS NECESSARY TO EFFECTUATE THE PROVISIONS OF THIS SECTION.
   § 5. Subdivision 1 of section 462 of the real property law,  as  added
 by chapter 456 of the laws of 2001, is amended and a new subdivision 2-a
 is added to read as follows:
   1.  Except  as is provided in section four hundred sixty-three of this
 article, every seller of residential real property pursuant  to  a  real
 estate  purchase  contract  shall complete and sign a property condition
 disclosure statement as prescribed by subdivision two  of  this  section
 AND  A  RIGHT  TO  INSPECTION  STATEMENT UNDER SUBDIVISION TWO-A OF THIS
 SECTION and cause [it] SUCH STATEMENTS, or a copy thereof, to be  deliv-
 ered  to a buyer or buyer's agent prior to the signing by the buyer of a
 binding contract of sale. A copy of the  property  condition  disclosure
 statement  AND  THE  RIGHT TO INSPECTION STATEMENT containing the signa-
 tures of both seller and buyer shall be  attached  to  the  real  estate
 purchase contract.  A COPY OF THE RIGHT-TO-INSPECTION ADVISORY STATEMENT
 SIGNED BY THE BUYER AND SELLER SHALL ALSO BE ATTACHED TO THE REAL ESTATE
 PURCHASE  CONTRACT.  Nothing  contained  in  this article [or this], THE
 disclosure statement OR THE RIGHT TO INSPECTION STATEMENT 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".
   2-A. THE FOLLOWING SHALL BE THE RIGHT TO INSPECTION STATEMENT:
   "NEW YORK STATE RIGHT TO HOME INSPECTION ADVISORY:
   NEW YORK FOLLOWS THE RULE OF CAVEAT EMPTOR, MEANING BUYERS ARE RESPON-
 SIBLE FOR EVALUATING THE CONDITION OF A HOME BEFORE PURCHASE. UNDER REAL
 PROPERTY  LAW  SECTION  467,  A  BUYER  HAS  THE  RIGHT TO HAVE THE HOME
 S. 8729                             4
 
 INSPECTED BY A LICENSED HOME INSPECTOR, AT THE BUYER'S  EXPENSE,  WITHIN
 THE  INSPECTION  PERIOD.  BUYERS  MAY NOT WAIVE THIS RIGHT IN A PURCHASE
 OFFER, AND SELLERS MAY NOT CONDITION ACCEPTANCE OF AN OFFER  ON  SUCH  A
 WAIVER. SELLERS AND AGENTS MUST PROVIDE REASONABLE ACCESS FOR INSPECTION
 AND  MAY  NOT OBSTRUCT OR INTERFERE WITH THE INSPECTION PROCESS. A BUYER
 MAY CANCEL THE PURCHASE AGREEMENT DURING THE INSPECTION PERIOD IF UNSAT-
 ISFIED WITH THE INSPECTION RESULTS, IN ACCORDANCE WITH REAL PROPERTY LAW
 SECTION 467."
   § 6. This act shall take effect on the first of January next  succeed-
 ing the date on which it shall have become a law. Effective immediately,
 the  addition,  amendment and/or repeal of any rule or regulation neces-
 sary for the implementation of  this  act  on  its  effective  date  are
 authorized to be made and completed on or before such effective date.

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Senate Bill S8729

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Current Bill Status - In Senate Committee Judiciary Committee

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2025-S8729 (ACTIVE) - Details

2025-S8729 (ACTIVE) - Summary

2025-S8729 (ACTIVE) - Sponsor Memo

2025-S8729 (ACTIVE) - Bill Text download pdf

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Sponsored By

Rachel May

Current Bill Status - In Senate Committee Judiciary Committee

Actions

2025-S8729 (ACTIVE) - Details

2025-S8729 (ACTIVE) - Summary

2025-S8729 (ACTIVE) - Sponsor Memo

2025-S8729 (ACTIVE) - Bill Text download pdf

Comments