From the NYSAR newsletter: "On November 13, 2001 New York
Gov. George E. Pataki signed the seller's property condition disclosure bill
into law. The program goes into effect on March 1, 2002. The new law will
require sellers of one-to-four unit residential housing to answer forty-eight
questions that are intended to disclose environmental, structural, mechanical
and other information that would be useful to consumers when selecting a new
home. The proposal applies to brokered and for-sale-by-owner transactions.
Failure to provide the disclosure form will result in a $500 credit to the
buyer."
Our comments: Interesting penalty. Does it pay, then for the
unscrupulous seller to conceal a $10,000. defect, but not a $300. one? Why
didn't they cast the bill simply to make a seller liable for defects if they
weren't disclosed? Well, it's better than nothing, and I guess the buyer could
still sue if the seller concealed problems, whether they provided the form or
not.
Here is a link to the new
form
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