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This entry was published on 2014-09-22
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SECTION 242
Disclosure prior to the sale of real property
Real Property (RPP) CHAPTER 50, ARTICLE 8
§ 242. Disclosure prior to the sale of real property. 1. (a) Any
person, firm, company, partnership or corporation offering to sell real
property to which no utility electric service is provided shall provide
written notice to the prospective purchaser or to the prospective
purchaser's agent, clearly indicating this fact. Such notice shall be
provided prior to accepting a purchase offer.

(b) Any prospective or actual purchaser who has suffered a loss due to
a violation of this section is entitled to recover any actual damages
incurred from the person offering to sell said real property.

(c) The provisions of this subdivision shall not apply in instances
where the real property being sold lies within the applicable free
footage allowance or service lateral specified by the public service
commission in rule, regulation or public utility tariff.

2. Disclosure prior to the sale of real property to which utility
surcharge payments attach. (a) Any person, firm, company, partnership or
corporation offering to sell real property against which an electric,
gas or water utility surcharge is assessed for the purpose of defraying
the costs associated with an electric, gas or water line extension, or
for the purpose of defraying the costs associated with related
facilities, shall provide written notice to the prospective purchaser or
the prospective purchaser's agent, stating as follows: "This property is
subject to an electric, gas and/or water utility surcharge". In
addition, such notice shall also state, the type and purpose of the
surcharge, the amount of the surcharge and whether such surcharge is
payable on a monthly, yearly or other basis. Such notice shall be
provided by the seller prior to accepting a purchase offer.

(b) Any prospective or actual purchaser who has suffered a loss due to
a violation of this subdivision is entitled to recover any actual
damages incurred from the person offering to sell or selling said real
property.

3. Any person, firm, company, partnership or corporation offering to
sell real property on which uncapped natural gas wells are situated, and
of which such person, firm, company, partnership or corporation has
actual knowledge, shall inform any purchaser of the existence of these
wells prior to entering into a contract for the sale/purchase of such
property.

4. Disclosure prior to the sale of real property to which a green
jobs-green New York on-bill recovery charge applies. (a) Any person,
firm, company, partnership or corporation offering to sell real property
which is subject to a green jobs-green New York on-bill recovery charge
pursuant to title nine-A of article eight of the public authorities law
shall provide written notice to the prospective purchaser or the
prospective purchaser's agent, stating as follows: "This property is
subject to a green jobs-green New York on-bill recovery charge". Such
notice shall also state the total amount of the original charge, the
payment schedule and the approximate remaining balance, a description of
the energy efficiency services performed, including improvements to the
property, and an explanation of the benefit of the green jobs-green New
York qualified energy efficiency services. Such notice shall be provided
by the seller prior to accepting a purchase offer.

(b) Any prospective or actual purchaser who has suffered a loss due to
a violation of this subdivision is entitled to recover any actual
damages incurred from the person offering to sell or selling said real
property.