Selling a home in Hornell comes with clear disclosure rules. When you know what must be shared, when to deliver it, and how to document it, your sale can move faster with fewer surprises. This guide walks you through New York’s Property Condition Disclosure Statement, common pitfalls, and the local records you should gather before you list.
Why Seller Disclosures Matter
Honest, timely disclosures protect you, speed up negotiations, and build buyer trust. In New York, most sellers must give buyers a Property Condition Disclosure Statement, known as the PCDS, before the buyer signs a binding contract. A signed copy must be attached to the contract of sale under state law. Recent updates changed key rules, so it is smart to understand your duties before you list.
What Sellers Must Disclose
The PCDS is your statement about the property based on what you actually know at the time you deliver it. You are not required to investigate hidden defects, but you must answer truthfully and update the statement if you later learn something that makes it materially inaccurate as outlined in the statute.
Material defects vs. minor wear
- Material defects are significant issues that could affect a buyer’s decision or the property’s value, such as roof leaks, foundation movement, chronic water intrusion, failing septic systems, or unsafe electrical conditions.
- Normal wear is expected aging, like small nail holes, minor paint scuffs, or a worn carpet. Routine cosmetic flaws are not the same as known defects, but if a cosmetic issue points to a bigger problem, disclose what you know.
Known issues and past repairs
- Disclose known problems, past damage, and substantial repairs to major systems. The PCDS asks about the roof, HVAC, plumbing, electrical, structural concerns, and history of fire, water, or freeze damage per New York’s disclosure law.
- Attach receipts, permits, warranties, and service invoices when they help clarify work done. Clear documentation reduces back-and-forth later.
Environmental and boundary concerns
- Flood risk and water intrusion: The PCDS now includes specific questions on FEMA flood zone status, flood history, and any flood claims or assistance. These flood questions were strengthened by 2023–2024 amendments to better inform buyers about risk as summarized in practitioner guidance.
- Septic and onsite wastewater: You must state if the property uses a septic system and what you know about its operation and maintenance. State materials offer guidance on proper maintenance, which can help you assemble pump-out and repair records before you complete the form see the Department of State bulletin referencing septic guidance.
- Lead-based paint for pre-1978 homes: Federal law requires a separate lead disclosure, delivery of the EPA/HUD lead brochure, and typically gives buyers a 10-day window to conduct a lead inspection or risk assessment. This is in addition to the state PCDS per HUD/EPA rules.
- Hazardous materials and contamination: Disclose any known contamination, spills, or participation in cleanup programs. Buyers often check state and federal databases for nearby remedial sites using NYSDEC resources.
- Boundaries, utilities, and permits: The PCDS also asks about title interests that affect occupancy, municipal violations, unpermitted work, and whether you have municipal water and sewer or private well and septic under RPL §462.
Forms, Timing, and Delivery
Disclosures work best when you handle timing and documentation with care.
When to provide disclosures
- Provide the completed PCDS to the buyer or the buyer’s agent before the buyer signs a binding purchase contract. A signed copy must be attached to the contract itself as required by statute.
- New York removed the old $500 “opt-out” credit in 2024 and expanded flood-related questions. You cannot skip the PCDS by offering a credit anymore per statewide update.
- The Department of State issued a revised PCDS that must be used beginning July 1, 2025. Always use the current form for your transaction date see DOS forms page.
How to complete forms accurately
- Answer each question based on your actual knowledge. If you do not know, say so. Do not guess.
- Use plain explanations and attach supporting documents where they help. Keep copies of invoices, permits, warranties, insurance claims, and inspection reports.
- If you later learn new facts that make a prior answer materially inaccurate, you must deliver a revised statement to the buyer per the statute.
Documenting delivery and receipt
- Keep a record of the date you delivered the PCDS and the date the buyer received it.
- Ensure the signed PCDS is attached to the purchase contract.
- Save email confirmations, form versions, and any later updates to the disclosure.
Special Situations and Exemptions
Some sales have modified disclosure obligations or are exempt from the PCDS requirement.
Estate, relocation, and as-is sales
- Court-ordered transfers such as probate, foreclosure, or bankruptcy, as well as certain deed-in-lieu transfers, may be exempt from the PCDS. New construction that has never been occupied, and some government transfers, can also be exempt. Review the statutory exemption list to see if it applies to your property type see RPL §463.
- Even in an as-is sale, you must still answer truthfully about what you know when a PCDS is required. As-is does not excuse a willful failure to disclose.
Multi-family and rentals
- For one- to four-family dwellings held in fee simple, the PCDS requirement applies in most cases. If you have tenants, be clear about lease terms, utility responsibilities, and any known issues that affect habitability or safety.
New information after signing
- If a new material issue comes to light before closing, you must correct your PCDS by delivering a revised statement to the buyer as required by RPL §462.
Avoiding Mistakes and Disputes
Clarity now prevents costly surprises later. These steps help you stay on track.
Common disclosure pitfalls
- Leaving answers blank when you do know the facts
- Guessing instead of saying you do not know
- Vague wording that hides the scale or timing of an issue
- Forgetting to attach records that would clarify repairs
- Using an outdated PCDS form when a newer one is required check DOS forms
Handling inspection findings
- If an inspection uncovers something you did not know, review the report and consider updating the PCDS.
- If findings contradict your understanding, provide any records you have, such as a prior repair invoice, and work with the buyer to resolve the gap.
- Serious findings can trigger renegotiation or repairs. Clear documentation and timely updates can keep the deal moving.
When to seek legal advice
- Complex conditions like encroachments, easements, unresolved permits, environmental concerns, or flood claims can raise legal questions. The disclosure law limits liability for willful failures but preserves other remedies see RPL §465. Consult an attorney if you are unsure how to answer.
Prepare Your Home and Records
The right prep makes your PCDS faster and your listing stronger.
Gather paperwork and receipts
- Deed and title information
- Building permits, certificates of occupancy, and code compliance records from the City of Hornell Code Enforcement office local page
- Service records and invoices for roof, HVAC, plumbing, and electrical
- Septic pumping, inspection, and repair documents, plus any DOH correspondence county environmental health
- Insurance claim history, including any flood claims
- Any environmental testing or reports, and records related to known cleanup sites check NYSDEC database
Pre-listing checkups and fixes
- Verify system ages and note known defects. If you make repairs, keep the receipts and permits.
- If your property may lie in a FEMA flood zone, gather any elevation certificates and your flood insurance declarations page. Buyers often verify flood status during due diligence learn about NFIP and flood mapping.
- For homes built before 1978, prepare the federal lead disclosure and the EPA/HUD pamphlet ahead of time federal requirements.
Align your story across channels
- Make sure your MLS remarks, property flyers, and the PCDS tell the same story. Consistent, upfront information builds trust and reduces buyer anxiety.
How Your Listing Agent Helps
A strong listing agent keeps your disclosures accurate, organized, and timely.
Strategy, forms, and timelines
- Your agent will help you use the current PCDS form and deliver it at the correct time, then attach the signed copy to the contract. They will also flag the 2024 law changes and the July 1, 2025 form update so you stay compliant see RPL §462 and DOS forms page.
Marketing with transparency
- Great marketing and clear disclosures are not opposites. Professional photos, smart staging, and clean documentation attract qualified buyers who are ready to move forward.
Negotiation and risk reduction
- When disclosures are complete and well documented, buyers are less likely to overreact to inspections. That puts you in a stronger position during negotiations and helps you hold your price.
Next Steps to List with Confidence
Selling in Hornell is smoother when your disclosures are accurate and ready before you hit the market. Use the current PCDS, gather your records, and keep your statements updated if new facts arise. For local help organizing forms, pulling code and permit history, and preparing a market-ready listing, connect with Justine Fox. Request Your Free Home Valuation and get a clear plan from prep to closing.
FAQs
Who has to provide a Property Condition Disclosure Statement in New York?
- Most sellers of one- to four-family homes held in fee simple must deliver a completed PCDS before the buyer signs a binding contract, and a signed copy must be attached to the contract per RPL §462.
When do I give the PCDS to the buyer?
- Before the buyer signs a binding purchase contract. Deliver it early, then attach the signed PCDS to the contract of sale state requirement.
Can I skip the PCDS by giving a credit?
- No. The prior $500 opt-out credit was eliminated in 2024. You must use the PCDS and the current form for your transaction date summary of changes.
Do estate or foreclosure sales have different rules?
- Some transfers, like many court-ordered sales, deed-in-lieu transfers, certain family transfers, and never-occupied new construction, may be exempt from the PCDS. Review the full exemption list in RPL §463 or talk with your attorney see the statute.
What if I discover new information after delivering the PCDS?
- If a prior statement becomes materially inaccurate, you must deliver a revised statement to the buyer as soon as you learn of the new facts per RPL §462.
What flood information is required?
- You must answer questions about FEMA flood zone status, past flooding or water penetration, flood insurance, and any flood-related claims or assistance, reflecting recent law changes on flood disclosures overview.
How do septic systems factor into disclosures?
- Disclose that the home uses a septic system and what you know about its condition and maintenance. Keep pump-out and repair records handy. The July 1, 2025 form revision references septic guidance for clarity DOS bulletin.
What about lead-based paint in older homes?
- For pre-1978 homes, federal law requires a separate lead disclosure, the EPA/HUD brochure, and typically allows 10 days for lead inspection or risk assessment. This is separate from the state PCDS federal rule.
Could I be liable if I make a mistake on the PCDS?
- The law limits seller liability to willful failures to meet the requirements, but other remedies may still apply. Answer truthfully and seek legal advice on complex issues see RPL §465.
Which local offices can help me gather records?
- City of Hornell Code Enforcement for permits and violations local office. Steuben County Real Property for tax and parcel records county page. NYSDEC for environmental site data database. FEMA for flood mapping and insurance basics NFIP info.
