When it comes to buying or selling property in New York, especially in Brooklyn’s fast-paced real estate market, understanding the state’s property disclosure laws is essential. At Jack Weissman, Attorney at Law, we assist buyers and sellers by helping them understand and comply with these legal requirements, ensuring smoother transactions and avoiding future disputes.

What Is the Property Condition Disclosure Act?

In New York, the Property Condition Disclosure Act (PCDA) requires most sellers of residential real estate to complete a Property Condition Disclosure Statement (PCDS). This form is designed to alert potential buyers to known defects or conditions that could affect the property's value or livability.

The PCDS consists of a questionnaire with over 50 questions about the property’s condition, including:

• Structural elements (roof, foundation, walls)
• Plumbing and electrical systems
• Environmental issues (asbestos, lead, radon)
• History of flooding or water damage
• Legal matters such as zoning violations or boundary disputes

Are Sellers Required to Disclose Everything?

While the disclosure form is mandatory for most residential properties, sellers are not required to conduct independent inspections. They must only disclose known issues. That said, failure to disclose a known defect can result in legal liability if the buyer discovers the issue after closing.

Important Note: Sellers can opt out of completing the disclosure form by offering the buyer a $500 credit at closing. This is common practice, especially in competitive markets like Brooklyn, but it doesn’t shield sellers from liability for fraud or intentional misrepresentation.

Exceptions to the Disclosure Requirement

There are certain exemptions to the PCDA. For example, disclosures are not required for:

• Foreclosures or sales by court order
• Estate sales by a fiduciary
• Transfers between spouses
• New construction homes sold by the builder

How a Real Estate Attorney Can Help

Whether you're a buyer trying to make an informed investment or a seller wanting to limit liability, working with a real estate attorney is vital. At Jack Weissman, Attorney at Law, we can:

• Review or help complete disclosure forms
• Identify risks or red flags in disclosure documents
• Negotiate repair credits or contract modifications
• Represent your interests during closing

Protect Your Investment

Understanding your rights and obligations under New York’s real estate disclosure laws can help you avoid costly legal battles. If you’re planning to buy or sell a home in Brooklyn, Jack Weissman, Attorney at Law can provide the legal support you need to move forward confidently.