In New York, an accepted offer is an important step, but it is not the same as completing due diligence or signing the purchase contract. Before momentum takes over, I want a buyer to know whom the agent represents, which property and terms are under discussion, what the available disclosures show, and which questions belong with the attorney, inspector, or lender.
The short version
- Know whom the agent represents before you rely on negotiating advice.
- For covered one-to-four-family homes, the seller disclosure is a starting point—not a warranty or inspection.
- Keep verified facts, open questions, and contract decisions in separate columns.
Establish who is advising whom
New York’s Department of State publishes an agency disclosure for buyers and sellers. It describes seller’s agents, buyer’s agents, broker’s agents, dual agents, and designated sales agents. The disclosure is not a contract; it explains whom the licensee represents and the duties that follow.
Ask whom the licensee represents, what stays confidential, whether another broker is involved, and what separate representation agreement governs the work.
Confirm the property before negotiating the terms
Record the address, municipality, and tax-map parcel number. Make sure the assessment and land records belong to the property you are considering. New York’s Tax Department points buyers to its Municipal Data Portal and the local assessor for property-tax information.
An assessment is part of the tax process. It is not a future tax guarantee, appraisal, survey, title opinion, or statement about condition.
Read disclosures beside inspections and records
New York’s Property Condition Disclosure Act generally covers transfers of one-to-four-family residential real property as defined by section 461, with the exemptions in section 463. The definition excludes condominium units, cooperative apartments, unimproved parcels, and certain homeowners’ association property the seller does not own in fee simple.
For a covered transfer, the seller generally must provide the current Property Condition Disclosure Statement before the buyer signs a binding contract. It asks about title and access, certificates of occupancy, flooding, wetlands, fuel tanks, environmental conditions, water and sewage, radon, and structural or mechanical issues. The answers come from the seller’s actual knowledge. They are not a warranty and do not replace inspection or public-record research.
The property’s age, systems, site, and history may call for additional inspection. New York’s Department of Health recommends radon testing when buying a home. Federal rules cover known lead information and available reports for most housing built before 1978, subject to current coverage and exemptions.
Carry unresolved questions into the deal documents
Use three columns: facts confirmed by a reliable source, questions that still need investigation, and decisions for the offer or attorney review. Your agent can help with property comparison, communication, and negotiation. Attorneys, inspectors, lenders, title professionals, engineers, and environmental consultants should answer questions in their own fields.
Sources
Sources checked August 24, 2026. Agency pages, statutes, forms, and requirements can change; confirm the current version before relying on them.
- NYS buyer-and-seller agency disclosure Official agency relationship disclosure.
- NYS assessments and property taxes for homebuyers State tax and assessment orientation.
- NYS Property Condition Disclosure Statement — effective July 1, 2025 Current Department of State form, revised February 2025.
- New York Real Property Law § 461 Defined scope of residential real property.
- New York Real Property Law § 462 Statutory disclosure statement requirements.
- New York Real Property Law § 463 Transfers exempt from the disclosure requirement.
- NYS Department of Health radon guidance Testing and mitigation resources.
- EPA Lead-Based Paint Disclosure Rule Federal lead disclosure guidance.
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This article provides general real estate information, not legal, tax, lending, environmental, engineering, inspection, accessibility, or investment advice. Requirements and property conditions vary. Confirm current information through the applicable public agency, transaction documents, and appropriately qualified professionals. Browsing, reading, or submitting an inquiry does not by itself create a brokerage, agency, fiduciary, or client relationship.