474 – Liability for Violation.
§ 474. Liability for violation. Any person who records or enters into an agreement imposing a private transfer fee obligation in their favor or in the favor of a third party after the effective date of this section shall be liable for (1) any and all damages resulting from the imposition of the transfer fee […]
475 – Disclosure.
§ 475. Disclosure. Prior to the signing by the buyer of a binding contract for the sale of real property, the seller shall furnish to any purchaser a written statement disclosing the existence of any private transfer fee obligation. This written statement shall include a description of the private transfer fee obligation and include a […]
476 – Notice Requirements for Existing Transfer Fee Obligations.
§ 476. Notice requirements for existing transfer fee obligations. 1. For a private transfer fee obligation imposed prior to the effective date of this section, the receiver of the fee shall record, prior to six months after the effective date of this section, against the real property subject to the private transfer fee obligation a […]
460 – Short Title.
§ 460. Short title. This article shall be known and may be cited as the “property condition disclosure act”.
461 – Definitions.
§ 461. Definitions. As used in this article, the following terms shall have the following meanings: 1. “Agent” means 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 is acting in a fiduciary capacity. 2. “Binding contract of sale” […]
462 – Property Condition Disclosure Statement.
§ 462. Property condition disclosure statement. 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 cause it, or a copy […]
463 – Exemptions.
§ 463. Exemptions. A property condition disclosure statement shall not be required in connection with any of the following transfers of residential real property: 1. A transfer pursuant to a court order, including, but not limited to, a transfer order by a probate court during the administration of a decedent’s estate, a transfer pursuant to […]
464 – Revision.
§ 464. Revision. 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 condition […]
446-H – Violations.
§ 446-h. Violations. 1. Misdemeanors. Any person, firm or corporation violating any provision of this article shall be guilty of a misdemeanor. The commission of a single act prohibited by this article shall constitute a violation hereof. 2. Criminal actions for violations of this article shall be prosecuted by the attorney general, or his deputy, […]
446-I – Rules and Regulations.
§ 446-i. Rules and regulations. The secretary may enact rules and regulations necessary to accomplish the purposes of this article.