Real Estate

Home Sale in New York: What Listing Broker Must Disclose

When you’re about to sell your home, you must clean out the property and prepare for open houses, showings, and tours. This article discusses what information the listing broker must tell the homeowner.

Before selling cash for homes you need to know what a seller must or mustn’t disclose with burgers.

What Information Must Be Disclosed?

Before offering cash for house listing, you need to be aware of important information to be disclosed.

The law requires that sellers disclose all material defects or conditions affecting the property being sold. This means that if there are issues with the heating system, roof, foundation, or other aspects of the house, these need to be disclosed to potential buyers who ask to see them.

If there are no “material” issues with the seller’s property – it doesn’t substantially affect its value or function – then they don’t have an obligation to disclose them.

Material defects may include issues like lead paint in older homes or flooding or fire damage. Some sellers are under the impression that disclosing material defects means they’ll lose money, but this is often not the case, as buyers may be aware of these things anyway and factor them into their offers.

What Does Not Have to Be Disclosed?

With cash for houses, there are still things that you could choose not to disclose.

Some things that are not considered material defects include: * architectural elements that have no important effect on the building’s function (for example, ornate foyers) * cosmetic defects (for example, spots where paint has worn off walls) * minor repairs needed for safety reasons (like loose railings on a stairway) * existing laws or zoning restrictions affecting your property

Sellers can usually let buyers know about any of these by attaching a disclosure statement to their disclosure form.


What Is A Disclosure Form?

The seller’s attorney or a licensed professional inspector will prepare a disclosure form, which is simply a legal document that informs the buyer of any major issues with the property.

The disclosures on these forms usually focus on structural and health-related defects, so if there is lead paint or environmental hazards at your home, those would need to be disclosed as well.

Sellers should not attempt to hide material problems by “forgetting” about them – doing this could result in lawsuits from buyers who find out after moving into the house.

Why Is a Disclosure Form Important?

  • In the state of New York, a real estate agent is required to provide a disclosure form to any consumer who asks for one. A seller is not required by law to complete a disclosure statement, but if they do decide to complete a disclosure statement it must be properly filled out and pass legal requirements outlined in the state of New York
  • Disclosure forms are important because they hold the buyer accountable for their actions. If a problem arises that was supposed to have been listed on the form and wasn’t, then it can cause serious trouble for both sides of the transaction.

It could also result in lawsuits from buyers who find out after moving into the house or from people who get sick from health hazards at your etc.

  • Disclosure forms are important for several reasons. For example, The buyers can be sure that all known problems have been disclosed before the sale is completed. This prevents future disagreements or lawsuits about undisclosed defects.

It also makes it easier for home inspectors to do their job because they will know what to look for when inspecting the property. In addition, disclosing information can reduce insurance rates and maintenance costs from major expenses.

Why Buyers Should Ask Specific Questions About the Condition of the House

In looking for cash home buyers, you need to be prepared for their queries.

Buyers could request anything necessary to ensure my safety while living in this home. Depending upon how many people will be living there, buyers would want to make sure that it has ample and enough bedrooms, bathrooms, kitchen, living areas, etc.

Buyers Would Also Want to Know That the House Was in Sound Condition

  • If you are not experienced in identifying potentially dangerous conditions yourselves, then
  • Another good question is “If there were any problems with the property what would they be?”. With question, you can get information on whether or not something might need to be fixed.

The Listing Broker Must Disclose the Following

  • A property disclosure statement (PDS) is a written description of the physical condition of the property, including its assets and systems. It includes an outline of known defects and necessary corrective actions which affect the safety, sound, and habitability of the home.
  • A PDS is prepared exclusively for the home’s buyer. It must be accurate, complete, and never misleading.
  • New York requires the seller to provide a disclosure form if asked by a prospective purchaser
  • In addition to general repairs, inspectors today perform specific inspections on some items such as heating systems, roofing, electrical systems, etc.

The listings of these types of defects are required to be included in a residential real estate transaction regardless of whether or not they were revealed during the home inspection process.

If any of these problems pop up after closing then that party has further recourse against the other party or their real estate agent.

Is a Broker Responsible for Misstatements on a Property Disclosure Statement?

Yes!  In New York, any misrepresentation in a property disclosure statement can be held against the broker.

  • The New York Real Property Law Section 291 October 6, 1977, requires brokers to disclose all material facts about the property they are selling. If there is an omission or untruthful detail regarding something that should have been disclosed then that will be considered an act of negligence on behalf of the broker. 
  • Under New York law, if any party has reason to believe an agent’s lack of diligence may impact them in some way they can sue said agent for damages.

This includes things like reasonable time and effort searching for a home plus out-of-pocket expenses incurred during this process such as inspection fees or repairs needed to put the contract back together after it is broken.

Sellers’ Disclosure Requirements

For people buying a house in NYC, they would usually ask sellers if the home underwent a home inspection.

What Is A Home Inspection? 

A home inspection is an evaluation of the overall condition of a house or other type of residence, conducted for prospective buyers before purchase, as well as lenders who are considering making a loan secured by the property and current homeowners looking to insure it. 

A professional inspector will examine the structure of the dwelling, including all major systems and components, to identify any defects that would affect the safety or property value. 

The inspection generally takes place on a weekday afternoon when the house is empty. It covers both interior and exterior areas, although more attention is paid to visible components like roofs, plumbing, and electrical systems.

What Are Home Inspections Used For?

Home inspectors focus most of their attention on seven general categories:

  1. Roofing
  2. Foundation
  3. Walls
  4. Ceilings/floors
  5. Insulation
  6. Heating/cooling equipment
  7. Electrical wiring

The specific contents of an inspection report can vary widely between states and even within the same state.  According to industry research, inspectors spend about 8-10% of an inspection looking at major appliances like stoves and dishwashers, 5% on plumbing fixtures and drains, 10% on foundation/structure issues, and 15-20% testing electrical circuits and outlets.

The inspection is not intended to be a comprehensive evaluation of the property’s condition.  It involves only visible components that are accessible without entering enclosed spaces or potentially dangerous situations (like falling through holes in floors). 

Consequently, it does NOT necessarily identify all potential problems with the house or its equipment. It is up to you to decide whether or not to have repairs made.

What The Home Inspection Might Not Reveal

You should be aware that the inspection does not uncover every problem with the house, partly because it cannot include all accessible areas and also because some problems may not yet be evident (e.g., termite infestation). 

These issues would only come to light later in time, for example when you take possession or if there is a major storm. So be aware of these limitations and consider them when making your decision about whether or not to buy the house.