§ 462. Property condition disclosure statement. 1. Except as is\nprovided in section four hundred sixty-three of this article, every\nseller of residential real property pursuant to a real estate purchase\ncontract shall complete and sign a property condition disclosure\nstatement as prescribed by subdivision two of this section and cause it,\nor a copy thereof, to be delivered to a buyer or buyer's agent prior to\nthe signing by the buyer of a binding contract of sale. A copy of the\nproperty condition disclosure statement containing the signatures of\nboth seller and buyer shall be attached to the real estate purchase\ncontract. Nothing contained in this article or this disclosure statement\nis intended to prevent the parties to a contract of sale from entering\ninto agreements of any kind or nature with respect to the physical\ncondition of the property to be sold, including, but not limited to,\nagreements for the sale of real property "as is".\n 2. The following shall be the disclosure form:\n PROPERTY CONDITION DISCLOSURE STATEMENT\nNAME OF SELLER OR SELLERS:\nPROPERTY ADDRESS:\n THE PROPERTY CONDITION DISCLOSURE ACT REQUIRES THE SELLER OF\nRESIDENTIAL REAL PROPERTY TO CAUSE THIS DISCLOSURE STATEMENT OR A COPY\nTHEREOF TO BE DELIVERED TO A BUYER OR BUYER'S AGENT PRIOR TO THE SIGNING\nBY THE BUYER OF A BINDING CONTRACT OF SALE.\n PURPOSE OF STATEMENT: THIS IS A STATEMENT OF CERTAIN CONDITIONS AND\nINFORMATION CONCERNING THE PROPERTY KNOWN TO THE SELLER. THIS DISCLOSURE\nSTATEMENT IS NOT A WARRANTY OF ANY KIND BY THE SELLER OR BY ANY AGENT\nREPRESENTING THE SELLER IN THIS TRANSACTION. IT IS NOT A SUBSTITUTE FOR\nANY INSPECTIONS OR TESTS AND THE BUYER IS ENCOURAGED TO OBTAIN HIS OR\nHER OWN INDEPENDENT PROFESSIONAL INSPECTIONS AND ENVIRONMENTAL TESTS AND\nALSO IS ENCOURAGED TO CHECK PUBLIC RECORDS PERTAINING TO THE PROPERTY.\n A KNOWINGLY FALSE OR INCOMPLETE STATEMENT BY THE SELLER ON THIS FORM\nMAY SUBJECT THE SELLER TO CLAIMS BY THE BUYER PRIOR TO OR AFTER THE\nTRANSFER OF TITLE.\n "RESIDENTIAL REAL PROPERTY" MEANS REAL PROPERTY IMPROVED BY A ONE TO\nFOUR FAMILY DWELLING USED OR OCCUPIED, OR INTENDED TO BE USED OR\nOCCUPIED, WHOLLY OR PARTLY, AS THE HOME OR RESIDENCE OF ONE OR MORE\nPERSONS, BUT SHALL NOT REFER TO (A) UNIMPROVED REAL PROPERTY UPON WHICH\nSUCH DWELLINGS ARE TO BE CONSTRUCTED OR (B) CONDOMINIUM UNITS OR\nCOOPERATIVE APARTMENTS OR (C) PROPERTY ON A HOMEOWNERS' ASSOCIATION THAT\nIS NOT OWNED IN FEE SIMPLE BY THE SELLER.\nINSTRUCTIONS TO THE SELLER:\n (a) ANSWER ALL QUESTIONS BASED UPON YOUR ACTUAL KNOWLEDGE.\n (b) ATTACH ADDITIONAL PAGES WITH YOUR SIGNATURE IF ADDITIONAL SPACE IS\nREQUIRED.\n (c) COMPLETE THIS FORM YOURSELF.\n (d) IF SOME ITEMS DO NOT APPLY TO YOUR PROPERTY, CHECK "NA"\n(NON-APPLICABLE). IF YOU DO NOT KNOW THE ANSWER CHECK "UNKN" (UNKNOWN).\n SELLER'S STATEMENT: THE SELLER MAKES THE FOLLOWING REPRESENTATIONS TO\nTHE BUYER BASED UPON THE SELLER'S ACTUAL KNOWLEDGE AT THE TIME OF\nSIGNING THIS DOCUMENT. THE SELLER AUTHORIZES HIS OR HER AGENT, IF ANY,\nTO PROVIDE A COPY OF THIS STATEMENT TO A PROSPECTIVE BUYER OF THE\nRESIDENTIAL REAL PROPERTY. THE FOLLOWING ARE REPRESENTATIONS MADE BY THE\nSELLER AND ARE NOT THE REPRESENTATIONS OF THE SELLER'S AGENT.\nGENERAL INFORMATION\n 1. HOW LONG HAVE YOU OWNED THE PROPERTY?\n 2. HOW LONG HAVE YOU OCCUPIED THE PROPERTY?\n 3. WHAT IS THE AGE OF THE STRUCTURE OR STRUCTURES? NOTE TO BUYER--IF\n THE STRUCTURE WAS BUILT BEFORE 1978 YOU ARE ENCOURAGED TO\n INVESTIGATE FOR THE PRESENCE OF LEAD BASED PAINT.\n 4. DOES ANYBODY OTHER THAN YOURSELF HAVE A LEASE, EASEMENT OR ANY\n OTHER RIGHT TO USE OR OCCUPY ANY PART OF YOUR PROPERTY OTHER THAN\n THOSE STATED IN DOCUMENTS AVAILABLE IN THE PUBLIC RECORD, SUCH AS\n RIGHTS TO USE A ROAD OR PATH OR CUT TREES OR CROPS. YES NO UNKN NA\n 5. DOES ANYBODY ELSE CLAIM TO OWN ANY PART OF YOUR PROPERTY? YES NO\n UNKN NA (IF YES, EXPLAIN BELOW)\n 6. HAS ANYONE DENIED YOU ACCES
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